


























































































































































































































































































THE 

MARCH OF DEMOCRACY 


BY 

CHESTER F. MILLER 

SUPERINTENDENT OF SCHOOLS 
„ GALESBURG, ILLINOIS 


Recommended as an English Classic by 

FRANK W. SCOTT, Ph.D. 

UNIVERSITY OF ILLINOIS 


D. C. HEATH AND COMPANY 

BOSTON NEW YORK CHICAGO ATLANTA 
SAN FRANCISCO DALLAS LONDON 





I 


Copyright, 1925 

D. C. HEATH AND COMPANY 

2C5 



V 



Printed in the United States of America by 

J. J. LITTLE AND IVES COMPANY, NEW YORK 


APR 20 % 

©Cl A 82207 5 
Vu> I 


EFFECTIVE METHODS OF STUDY 


THE FIRST STEP IN CITIZENSHIP 

This book has been written to interest you in bet¬ 
ter citizenship. It is a well known fact that better 
citizenship is an outgrowth of a clear understanding 
of present day problems based on a knowledge of 
the origin of these problems. You will find many 
opportunities to conserve, to improve, and to pass 
judgment on the valuable material and the remark¬ 
able inheritance which has come down to you from 
the past. Throughout the March of Democracy are 
many questions, topics, individual problems, sugges¬ 
tions, and group projects planned to develop a feel¬ 
ing of responsibility when studying the struggle for 
liberty. You will find helpful the inspiring examples 
of men and women who gave much that you might 
enjoy the privileges of today. 

A study of the fundamental principles of your 
country should train you to use books effectively, 
to carry on investigations, to compare conflicting 
statements, to have respect for the opinion of others, 
and to have a thorough understanding of the value 
of cooperative effort. 

Rights and privileges of citizenship in a democ¬ 
racy carry with them real duties and responsibilities, 
iii 


iv EFFECTIVE METHODS OF STUDY 

At the very beginning of this study is the most op¬ 
portune time to begin to accept such duties and 
responsibilities. Citizenship is a question of forming 
proper habits. Correct habits of study are essential 
to success in school, which is an obligation you accept 
when you receive your education at the expense of 
the government. Every effort you make to become 
more efficient in your studies offers experiences that 
constitute valuable lessons in citizenship. 

There is nothing more essential to the best citizen 
than ability to investigate intelligently and reach an 
independent conclusion on public questions. Just 
as the good citizen goes about his duties in an orderly 
and efficient way, so the one who knows, goes about 
the preparation of his lessons with decided advantage 
over one who begins his studying in a random and 
haphazard way. How to use your hands efficiently 
is very important but how to use your mind effec¬ 
tively is more important. Preliminary to the study 
of the growth of government suggestions are offered 
here to assist you in forming habits of study, that if 
followed will make you a better student and indi¬ 
rectly a better citizen. 

1. In planning your daily study periods have a 
regular time and place for this subject. 

2. Before you begin to study remove all disturb¬ 
ing influences that may interfere with your work; 
then begin with a strong determination to succeed. 

3. Just as athletes find it necessary to “warm 
up” before a game so the best mental workers find 
it necessary to go through a “warming up” process 


EFFECTIVE METHODS OF STUDY V 

to get into the swing of study. The length of this 
process depends upon the energetic start. The more 
time you take for the “warming up” process the 
longer it will take to master a lesson. 

4. Begin studying with a rush. Get a flying start. 
At the next athletic contest watch the players to see 
if there is anything done there that can be applied 
to preparing lessons, 

5. Know exactly what is to be studied. Be sure 
you understand the assignment of the lesson and 
study as soon after it is made as possible. Know 
the information you are to find and what use you 
are to make of it. 

6. Think over the main points of the previous 
lesson, then keeping in mind the general idea, ask 
yourself what you expect to get from this lesson. 

7. Read headings and heavy black type to see if 
they forecast the content of the lesson. Watch for 
other indications of main ideas often called “sign 
posts.” 

8. Read over the entire assignment rapidly in 
order to get a general idea of the lesson. This gives 
you a preliminary bird’s-eye view and an oppor¬ 
tunity to select the high spots in thought before a 
deliberate second reading. 

9. Read the lesson again, this time deliberately 
and thoughtfully in order to get the details that 
support the big ideas secured from the first reading. 
Do not pass up any unfamiliar words or references. 
Make a list of the things you do not understand and 
look them up. 


VI 


EFFECTIVE METHODS OF STUDY 


10. Organized work is always the most effective. 
Outline and underline the parts that are important 
and carry out the assignment. Such work is eco¬ 
nomical because it assists in the learning process. 

11. Test yourself by trying to recite the contents 
of each paragraph without looking on the book. In 
other words, tell the story of the lesson to yourself. 
If you fail, study the lesson until you succeed* 

12. Run over the whole lesson immediately after 
study because the laws of learning teach us that 
recall immediately after study is economical. 

13. Spend as much time in thinking about your 
lesson as in reading about it. 

14. Always keep in the foreground the fact that 
every sentence in this book contains information 
related in some way to your citizenship. Add some 
thinking to all that is developed. It is always wise 
to use the ideas developed in some problem of your 
own. 

15. Ask yourself questions and try to determine 
the questions which the author tried to answer. 

16. Study the same lesson at different times. 

17. Before you go to class think over the lesson 
again. 

18. A review of the right kind should give you a 
“new view.” The laws of learning teach that fre¬ 
quent and systematic reviews make learning per¬ 
manent. 

Remember—you are not studying just because 
a lesson is assigned. Make the best of your oppor¬ 
tunities. 


EFFECTIVE METHODS OF STUDY 


Vll 


The pupil who forms the best habits is sure of a 
prominent position in later life. An educated citizen 
is of more value to his country than an uneducated 
citizen. 






CONTENTS 


Chapter One—Responsibilities of 
Citizenship 


Our Obligation to Society. 1 

Conservation of Health. 4 

Worthy Home Membership. 6 

Vocational Outlook. 7 

Respect for Our Laws. 9 

Cooperation in Law Enforcement.H 

Political Consciousness.13 

Habit of Public Service.15 

American Ideals and Respect for the Flag ... 17 


Chapter Two—Good Citizenship Requires 
a Study of the Development of the 
Constitution 

The Place of Education in Government .... 
Constitution—The Background of Citizenship . . 

Periods of Development .. 

Chapter Three—Period of Colonial Growth 
and Development, 1607-1763 

Causes Hindering Union of Early Colonies . . . 

Causes Favoring Union of Early Colonies . 

Local Government in the Colonies. 

The Three Forms of Colonial Government . . . 

First Step Toward Union. 

New England Confederacy. 

First Real Union of the Colonies. 

The First American Congress. 

Penn’s Plan of Union. 


22 

23 

24 


26 

27 

28 
34 

38 

39 

40 

40 

41 


IX 













X 


CONTENTS 


PAGE 

The Albany Convention.41 

The French and Indian War.43 

Chapter Four—Period of English Inter¬ 
ference, 1763-1781 

Rights of English Colonists in America .... 45 

What the Old World Contributed.45 

The Stamp Act Congress ..53 

Committees of Correspondence.56 

Provincial Congress of Massachusetts .... 57 

First Continental Congress ..57 

Second Continental Congress •. . . . . . 58 

Declaration of Independence ... . . . . 59 
Articles of Confederation ........ 62 

Shays’s Rebellion . . . . . . ... . 66 

Chapter Five—Period of Realization of 
Nationality, 1781-1789 

The Annapolis Convention.70 

The Federal Convention. 71 

The Constitution.89 

The Ordinance of 1787 92 

Chapter Six—A Summary of the 
Constitution 

Congress. 97 

The Senate.99 

The House of Representatives.101 

The Executive Department.106 

The Cabinet.109 

Presidential Succession.113 

Chapter Seven—The Judicial Department 

The Supreme Court.117 

Inferior Courts'.'. ... 119 

Amendment of the Constitution.120 
























CONTENTS 


xi 


Chapter Eight — The Unwritten Consti¬ 


tution 

PAGE 

Expansion by Court Interpretation.126 

Implied Powers. 129 

Restraining the Power of Interpretation . . . 131 

Development by Custom.133 


Chapter Nine—United States Citizenship 

How an Alien May Acquire Citizenship ... 138 

Process of Naturalization.138 

Validity of Naturalization in the United States . 140 


Chapter Ten—Mayflower Compact with 
Comments 

Text of the Compact.144 

The Compact Not a Constitution.145 


Chapter Eleven—Declaration of 
Independence 

Preamble.. 

Statement of the Unjust Acts of the King . . 

Statement of the Remonstrances of the Colonists 
Real Declaration of Independence .... 
Signatures. 


146 

147 

149 

150 

151 


Chapter Twelve—The Constitution with 
Comments. 


152 


Chapter Thirteen—Full Honors to Our 
Flag 


Code of the Flag . 
Cautions . . . . 

Proper Use of Bunting 
Federal Flag Laws 


199 

204 

206 

207 











Independence Hall, Philadelphia, Pa. 




















THE MARCH OF DEMOCRACY 

CHAPTER ONE 

RESPONSIBILITIES OF CITIZENSHIP 

Good citizenship is something more than , loving 
one’s country and being proud of it. It is something 
more than observing our patriotic holidays and 
merely cheering the flag when it passes on parade. 
Good citizenship is not what we say about our coun¬ 
try but what we do for our country. The more we 
study our history and realize the sacrifices which 
made the nation what it is to-day, the more we 
should feel obligated to strive in every way to fit 
ourselves to make return for the privileges we enjoy. 

The Constitution grants certain rights which give 
each citizen a heritage unequaled by that of any 
other nation. “Every right and benefit we receive 
from the community or nation must be offset by a 
corresponding duty and paid for by the performance 
of that duty.” Government does not begin at 
Washington or with the politician or the governor 
or the mayor, but it begins at home with you and 


Our Obli¬ 
gation to 
Society. 


me. 


1 



2 


Capitol of the United States, Washington, D.C. 











RESPONSIBILITIES OF CITIZENSHIP 3 

The story has often been told of the man who 
visited Washington, D.C., on a summer evening 
and saw the reflection of the setting sun on the 
towering marble of our country’s Capitol. He 
thought of the tremendous significance of the armies 
and the treasury, and the judges and the President, 
and the Congress and the courts and all that was 
gathered there. Moved by the sight of the home 
of our Republic, he said, “Here is my Government 
in all its majesty.” Then in a vision he beheld a 
vista of open country, fields of ripening grain, for¬ 
ests, mountains, homes, villages, and cities. It was 
evening in all of these places; the people were re¬ 
turning to their homes after the day’s work. The 
great dome of the Capitol stood out above all in 
magnificent splendor. But this time the sunbeams 
were golden threads leading from the dome of the 
Capitol to each man, woman, and child in each home. 
His vision was a full realization of citizenship in a 
democracy, and he said: “Surely here in the homes 
of the people lodge at last the strength, and the 
responsibility of this government, the hope and the 
promise of the Republic. Here is its majesty and 
strength. Here is the beginning of its power and the 
end of its responsibility.” 

If in adult life our golden thread is broken by 
abuse of privilege, by inactivity, by scheming poli¬ 
ticians, by lack of law enforcement, we alone are 
to blame for not exercising or striving to reclaim 
our rights of citizenship. Such rights and duties 
begin in childhood and reach their full realization 


4 


THE MARCH OF DEMOCRACY 


Conser¬ 
vation of 
Health. 


in worthy citizenship as we grow in knowledge and 
responsibility. 

We live in a nation that grants equal rights and 
offers equal opportunities to its citizens. The obli¬ 
gation of insuring progress and prosperity, the 
perpetuation of the principles set forth in our con¬ 
stitution, the substitution of the gospel of right for 
that of indifference and cowardice requires the seri¬ 
ous attention of every American citizen. 

The safety of our country is not merely in laws 
or legislation, but in the men and women who are 
willing to put service before self-interest. 

“Sad will be the day,” wrote Phillips Brooks, “for 
any youth when he becomes absolutely contented 
with the life he is living; with the thoughts he is 
thinking, and the deeds he is doing; when there 
is not forever beating at the door of his soul some 
great desire to do something larger which he knows 
he was meant and made to do.” 

On our health depends our usefulness and our 
ability to count for something to the nation. As 
we are preparing our minds for the test of citizenship 
we should also be building up a physical reserve to 
stand the test of strenuous competition. Disregard 
for the laws of health leads to disappointment and 
the blasting of high hopes for public usefulness. 
Our good health means saving trouble to our family, 
our friends, and our employer. If we are careless 
in this respect they are cheated, and in cheating 
them we cheat the nation. 


RESPONSIBILITIES OF CITIZENSHIP 5 

Health is real wealth; consequently a nation en¬ 
deavors to conserve the health of its citizens as the 
most vital of its resources. The greatest asset of a 
nation is its strong men and women—those effective 
during a long working life. It is estimated that 
preventable illness in a single year costs the nation 
$1,800,000,000, and that 42 per cent of the deaths 
could be reasonably postponed. The World War 
brought to our attention the alarming fact that we 
are deficient in education and common health, not 
only in the big cities but also to a greater degree 
in the country districts. 

Citizenship requires more than merely keeping 
well; it requires a type of physical efficiency that 
enables one to be calm, poised, direct, and accurate. 
In aristocracies of the past a few have said, “We 
are best; therefore we shall rule.” The best usually 
meant those superior in physical strength, because 
the ruling class depended largely on physical force 
to maintain itself. Democracies arose and selected 
their leaders on the basis of mental and physical 
efficiency to carry out the will of the people. 

In a democracy a premium is likely to be placed 
on the mental development of all of its people, 
while the physical development, being regarded as 
secondary, may be neglected and consequently de¬ 
cline. To-day many young men and women must 
face the problem that superior educational develop¬ 
ment without the physical reserve to sustain it is 
an economic loss to the nation. 


Worthy 

Home 

Member¬ 

ship. 


6 THE MARCH OF DEMOCRACY 

Good citizenship begins at home. A home is a 
cooperative institution. The assigning of tasks and 
their successful completion is the beginning of the 
formation of habits that are reflected in larger citi¬ 
zenship. The American family group gathered 
after the evening meal, each engaged in his task 
for improvement or for pleasure, at times discussing 
their common problems, is the most fundamental 
of democratic institutions. In the ancient days part 
of the education for citizenship that corresponds to 
our high school training consisted in listening to and 
participating in the discussions of the elders. 

Young people sometimes think their parents task¬ 
masters because they require strict obedience in 
the correction of personal habits. Obedience under¬ 
lies all other lessons and is the principal duty of 
the young. The adult is required to obey more 
strictly than his children, for there are duties, obli¬ 
gations, and responsibilities in living which cannot 
be disobeyed without loss of position, property, and 
even life. The young person who is a law-abiding 
citizen in the home can be expected to become a 
law-abiding citizen of the country. 

Worthy home membership requires respect for 
the rights of others. This is a fundamental prin¬ 
ciple of our very existence as a nation. Laws and 
requirements of society are made to protect those 
who are most respectful of the rights of others 
and are usually regarded as most unjust by those 
who are inclined to disobey them. The neglect of 
home duties may seem trivial, but in neglecting 


RESPONSIBILITIES OF CITIZENSHIP 7 

such duties we form habits which may later tend 
toward an unworthy citizenship. 

As worthy home membership requires coopera¬ 
tion, self-sacrifice, and the occasional giving up of 
some individual rights, so a successful democracy 
expects of its citizens the sacrifice of some individual 
rights for the good of the nation. 

An American citizen should be eager to do some¬ 
thing worth while in a nation offering a thrill of 
amazing growth, teeming with possibilities and rich 
in resources. Such a heritage should create a desire 
in the heart of every youth to catch the spirit of 
this inspiration and participate in the nation’s 
greatness. We see around us wonderful opportuni¬ 
ties wherein men of superior natural ability have 
achieved success. We are not hampered by class 
distinctions or prejudices. We are free to accept 
the challenge to compete for the most responsible 
positions in America. If we search the biographies 
of our great men, we will usually find two things 
in common. First, they came from good homes but 
homes of moderate circumstances; second, they were 
uncertain regarding their future vocations. Posi¬ 
tions, ownership, and even control await the young 
men and women who are fit and willing to make 
the fight for success. 

Selecting a vocation is a very serious and vital 
matter. It takes continuous thought, study, and 
contact with successful men and women in selected 
lines of work. It requires a thorough analysis of 


Vocational 

Outlook. 


8 THE MARCH OF DEMOCRACY 

our special fitness and a search of the requirements 
of the vocations. 

Too often people find themselves unfitted and 
fail in their life’s work after years of preparation 
because a selection was made without thorough in¬ 
vestigation. Macaulay has said, “The world gen¬ 
erally gives its admiration not to the man who 
does what nobody else ever attempted to do but 
to the man who does best what the multitudes do 
well.” Many of our most prominent men and 
women have attained success by methods so simple 
that we often wonder why they were not apparent 
to others long ago. We are surrounded by oppor¬ 
tunities for success. Russell H. Conwell, in his 
“Acres of Diamonds,” tells the story of Ali Hafed, 
a wealthy Persian farmer, “contented because he 
was wealthy and wealthy because he was con¬ 
tented.” One day he was visited by an ancient 
Buddhist priest who first told him of diamonds and 
what they would buy. Ali Hafed, although having 
lost none of his property, “went to bed that night 
a ‘poor man’ because he was discontented and dis¬ 
contented because he feared he was poor.” His 
growing discontentment caused him to sell his farm 
and wander throughout Asia and Europe in search 
of diamonds. Finally penniless, afflicted, suffering, 
and dying, he could not resist the temptation to 
throw himself into the Bay of Barcelona in Spain. 
The man who had bought Ali Ha-fed’s farm was 
one day watering his camel in the garden and dis¬ 
covered a magnificent stone which he placed on the 


RESPONSIBILITIES OF CITIZENSHIP 


9 


mantel in the drawing room. There the stone was 
seen by the same priest who had caused Ali Hafed’s 
discontentment. Hurrying to the stream they dis¬ 
covered more diamonds in the sand. Eventually 
the garden developed into “the most magnificent 
diamond mine in the history of mankind.” Since 
that time every acre of that farm has yielded dia¬ 
monds. This story teaches us that many times we 
fail to recognize a big opportunity in the common¬ 
place things of our own immediate surroundings. 
It is not necessary to go into a far country or to 
seek a large city in which to succeed. Many suc¬ 
cessful men have made a city out of a village. 

“Youth is the workshop where the men and 
women of the next generation are built.” People 
who accomplish the most are those who work with 
definite purpose. Youth, then, is the time to select 
an aim in life and leave no stone unturned in the 
pathway that leads to success. 

Time wasted during the years of preparation does 
not enable us to realize the extent of our possi¬ 
bilities. The highest position in America is open 
to the person who has the vision to achieve it. This 
is an inspiration to the noblest ambition and should 
be the goal of every American. 

Laws are the results of the experience of the 
generations which have gone before. Ours is a 
“Government of Laws and not of Men.” The Bible 
tells us that, when “every man did that which was 
right in his own eyes,” there was anarchy in the 
land. This fact handed down from generation to 


Respect 
for Our 
Laws. 


10 THE MARCH OF DEMOCRACY 

generation warns us that the very existence of our 
nation depends on our attitude toward, and respect 
for, law and order. 

Our nation is founded on the principle that its 
citizens submerge their personal desires to those of 
the majority when it is for the welfare of all. It 
is not for us to judge and criticize our government 
thoughtlessly. Good citizenship springs from an 
understanding of the necessity for laws planned and 
imposed by representatives of the majority. 

The public will is expressed in law. The duty 
of a citizen to obey the law involves the duty of 
placing the good of the whole above that of the 
individual. We must realize that the individual is 
a member of the whole group and that his welfare 
is better protected when considered in reference to 
the welfare of the whole. Because some one else vio¬ 
lates a law and is not caught or is shrewd enough 
to violate the spirit of the law and still avoid the 
penalty, that is no excuse for us to ease our con¬ 
science when contemplating an act unworthy of a 
citizen. 

The machinery of government and its depart¬ 
ments of law enforcement remove from the indi¬ 
vidual much of the responsibility for protecting 
himself. They also give him freedom to live 
his own life, as long as he does not interfere with 
the rights of others. In return for these privileges 
the good citizen willingly accepts his responsibilities. 
When citizens fail in their duties to their country 
the nation fails. 


RESPONSIBILITIES OF CITIZENSHIP 


11 


There are insidious forces continually opposing 
authority and threatening our rights, privileges, and 
liberty by establishing precedents not in conformity 
with the spirit of our Constitution. This challenge 
to authority must be met with fearlessness by men 
and women who as boys and girls respected the au¬ 
thority of the home, the school, and the church. An 
increased number of laws do not necessarily develop 
a law-abiding spirit. In fact, fewer laws rigidly 
enforced are productive of better results. The spirit 
of escaping' punishment through the services of 
skillful lawyers, leniency of judges, or political in¬ 
fluence is not the spirit of the true American citizen, 
but it is the spirit that will surely break down con¬ 
stitutional government. 

A great obligation rests on us because the success 
or failure of representative government, regarded as 
the hope of other nations of the world, depends 
largely upon the manner in which we preserve our 
Constitution. 

A few statistics should incite every young man 
and woman to do his or her part as a citizen to curb 
the breakdown in respect for the laws that insure 
protection of life, liberty, and property. In 1912 
our Federal Court with its limited jurisdiction con¬ 
sidered 9503 criminal indictments; last year this 
number increased to over 80,000. 

Casualty companies report that losses paid for 
burglary alone had grown from $886,000 to over 
$10,000,000 in the last six years. 

In one large city alone five thousand automobiles 


Coopera¬ 
tion in 
Law 
Enforce¬ 
ment. 


12 


THE MARCH OF DEMOCRACY 


were stolen in a single year. Burglaries have in¬ 
creased 1200 per cent in number in the last decade. 
Why? Because the serious obstacle in law enforce¬ 
ment arises from the attitude of law-abiding citizens. 
When called to aid in the enforcement of the law 
many citizens are not conscientious regarding the 
means they use to escape their duty. 

Sympathy for the accused, newspaper publicity, 
and disregard for the rights of citizens who are law- 
abiding engender further lawlessness. The Consti¬ 
tution provides, “In all criminal prosecutions the 
accused shall enjoy the right of speedy trial.” Few 
criminals to-day “enjoy” this privilege as the makers 
of the Constitution intended. Yet it is a well- 
known fact that delay is not for public benefit and 
is an additional expense to law-abiding citizens. 

We spend approximately six times as much for 
crime as we do on the education of all the children 
in all of the public schools in the United States. 
Rigidly enforcing the law and reversing the ratio 
of expenditure so that six times as much is spent 
for constructive citizenship as is spent for crime 
should undoubtedly contribute to the general wel¬ 
fare. Not a single clause of the Constitution 
directly defines the duties of citizens. The docu¬ 
ment is a summary of the rights of citizenship. 
For our own welfare we have learned that the rights 
of one’s property impose the duty of protecting the 
property of others; that the right to pursue happi¬ 
ness deserves the duty of insuring the happiness of 
others; that the right of freedom enjoins us to pre- 


RESPONSIBILITIES OF CITIZENSHIP 13 

serve that freedom and the freedom of others by 
using our influence to punish those who are not law- 
abiding. “Remove not the ancient landmark which 
thy fathers have set” is a challenge to the next gen¬ 
eration not only to oppose revolts against authority 
and carelessness in law making but also to use every 
influence to cooperate in rigid enforcement of the 
laws which protect us. 

In some of his letters Theodore Roosevelt tells Political 
of his first experiences in ward politics. “None but ^™ SC10US ' 
the roughs and professional politicians go there; 
our people do not mix in these affairs,” said his 
friends when he announced that he was going to a 
political meeting. “Then,” said Roosevelt, “you 
do not belong to the governing class in this country. 

So far as I am concerned I intend to belong to the 
governing class.” The life story of this remarkable 
American is a challenge to every American citizen 
who is determined to exercise the privileges of his 
birthright. This spirit of “letting the politicians do 
it” surely is a dangerous one, because it is a step 
toward a dictatorship either of an aristocracy or of 
the proletariat. 

Almost half of our citizens eligible to vote 1 fail 
to go to the polls on election day. About 50 per 
cent of the electorate voted before women were 
enfranchised and about 50 per cent of the electorate 
has voted since women were given the privilege. In 
1896, 80 per cent of the qualified citizens voted in 
the presidential election; in 1900, 73 per cent; in 
1912, 62 per cent; in 1920, 49 per cent; in 1924, 




Theodore Roosevelt 


14 












RESPONSIBILITIES OF CITIZENSHIP 


15 


52.8 per cent. The potential voting strength of 
the United States is now about fifty-seven millions, 
and the vote of approximately thirty millions cast 
in 1924 allows a bare majority to rule. In one 
state only eight per cent of the voters went to the 
polls in the presidential election of 1924. 

When voters say, “My one vote will not affect the 
result,” tell them that twelve times out of thirty- 
four a president has been elected by a minority of 
the popular vote. Tell them that every time a 
qualified citizen refuses to vote, he loses his identity 
as an American citizen, and his vote may be one of 
the few to decide between a desirable and an un¬ 
desirable administration. 

There is not enough money in existence to buy 
the vote of a true American citizen. The privilege 
of the ballot is a priceless heritage not to be bartered 
away for favor, for friendship, or for gain. The 
intelligent ballot of the intelligent, patriotic voter 
is the very life blood of a nation such as ours. It is 
our duty to engage in this “game” of politics and 
see that no one wins by default. 

The real patriot, the responsible citizen, must be 
willing to dedicate a part of his time to the welfare 
of the nation which makes his success possible. In 
one of our large cities 380 business men were called 
for jury service and 379 perjured themselves out of 
the jury box. If justice is to come through the 
courts, our best citizens must obey the call to 
service. 

A good citizen’s obligation does not stop with 


Habit of 

Public 

Service. 


16 THE MARCH OF DEMOCRACY 

simply obeying the laws and paying his just taxes. 
There is a call for community service, cooperation 
in Boy Scout work, Red Cross, Civic Clubs, Associa¬ 
tions of Commerce, Civic Welfare associations, the 
city beautiful movements, and in fact all enter¬ 
prises that make our city a better place in which 
to live. 

When a worthy cause is promoted money is the 
easiest thing to give, but the best citizen gives 
also of his time and thought. Every exceptional 
city, every big institution, college, library, or church 
has as a part of its history the story of a man or 
woman or of a group that had a vision of greater 
service to their fellow man. Perhaps at one time 
the realization of this vision seemed impossible, but 
the same determination that produced the Constitu¬ 
tion and the fundamental institutions of America 
dominated the effort to realize it. To-day we can 
rarely visit an American city, however small, with¬ 
out seeing evidences of such leadership. 

This, then, is the spirit that we have inherited 
and it remains to be seen how well we accept the 
challenge. There would be little occasion to be 
concerned about the future of our nation if every 
boy and girl in America to-day were a living ex¬ 
ample of these words of Daniel Webster: 

“I shall know but one country! The ends 
I aim at shall be my country’s, my God’s, and 
truth’s.” 

“I was born an American; I lived an Ameri¬ 
can; I shall die an American, and I intend to 


RESPONSIBILITIES OF CITIZENSHIP 


17 


perform the duties incumbent upon me in that 

character to the end of my career.” 

To-day, more than at any other time in our his¬ 
tory, we need a nation of such Daniel Websters who 
will perform the duties of American citizenship 
with determination and without prejudice. 

Justice and idealism have always followed the 
American flag as an inspiration to the patriot and 
as an emblem of hope to the oppressed. 

The story of our flag is a story of the nation 
itself, its noble aspirations, and the achievements 
of its people. 

Henry Ward Beecher said, “A thoughtful mind 
when it sees the flag sees not the flag but the 
nation itself.” 

Around the flag cluster thoughts of loyalty and 
of personal sacrifice which have enabled us to move 
forward from the day when each struggled for him¬ 
self alone. 

The flag is fundamental, yet it represents an ex¬ 
panding, growing nation. Its stripes represent the 
thirteen original states. Its stars indicate the ex¬ 
isting states and point toward the future. 

The flag represents varied ideals in the hearts 
and minds of its citizens in accordance with their 
experiences and deepest emotions. 

To the foreigner who comes to our shores it 
means hospitality, freedom, equal opportunity to 
compete with his fellow man, free education for 
his children, the right to own property and improve 
his station in life. 


American 
Ideals and 
Respect 
for the 
Flag. 



18 


Betsy Ross Making the First Flag 










RESPONSIBILITIES OF CITIZENSHIP 19 

To the vast majority it means that “our govern¬ 
ment shall stand between labor and capital, between 
the weak and the strong, between the individual and 
the corporation, between want and wealth, and 
give and guarantee simple justice to each and all.” 

To the ex-service man it has a strange and 
precious meaning of supreme sacrifice, of battles he 
hopes to forget, of deeds of heroism to save a 
nation or to establish further ideals. 

To foreign countries and down-trodden people it 
has brought our spirit of democracy, our principles 
of personal freedom, and relief to the oppressed. 

To the citizen traveling or residing in foreign 
lands it means that the far-seeing eye of the gov¬ 
ernment back of our flag will look into the remotest 
parts of the world and demand his safety. He 
knows that if necessary our flag will come, backed 
by the resources at its command, to show to all 
mankind that disrespect to a citizen is disrespect to 
his flag and to the nation for which it stands. 

To-day it goes on a world mission creating good 
will; to-morrow it may go on a stern mission de¬ 
manding justice. 

Yesterday a President recognized the value of the 
Boy Scout movement and gave it national sanction; 
to-day Congress recognized equal rights for women 
and settled for all time the question of woman’s 
equality in government. 

It is a wonderful flag that does glorious things 
for the benefit of humanity. 

The government represented by our flag is ever 


20 THE MARCH OF DEMOCRACY 

on the alert to guard the rights of its citizens native 
and naturalized, offering increased opportunities 
to every one regardless of birth, race, or social con¬ 
ditions. 


Questions 

To the Pupil: 

1. Define good citizenship. 

2. Discuss the responsibilities of citizens in a democracy. 

3. Show how keeping physically fit is largely a matter of 

habit. 

4. Why should a government be concerned with the health 

and education of its citizens? 

5. Discuss the home as a maker of good citizens. 

6. Why is it becoming increasingly more important for a 

young person to make a study of the vocations before 
making a decision? Why should the government be 
interested? 

7. Show how new laws are made and indicate the part the 

good citizen has in their making. 

8. When laws are made, what are the obligations of the 

citizens ? 

9. Show how the person who thinks of himself and his own 

interests first is not a good citizen. 

10. Memorize the words of Daniel Webster quoted in this 

chapter. 

11. Discuss each of the following topics and show how each 

contributes its part in forming the habits necessary to a 
good citizen: (a) Saluting the flag; (6) Rising when the 
National Anthem is played or sung; (c) Ability to in¬ 
telligently discuss current events; ( d ) Obeying the rules 
and regulations of the school; (e) Cooperating in carry¬ 
ing out and supporting the wishes of the majority in 
your own club; (/) Evaluating newspaper material and 
reading editorials; (g) Accepting the decision of a ref¬ 
eree courteously; (h) Discouraging acts of organized re- 


RESPONSIBILITIES OF CITIZENSHIP 21 

bellion against authority; (i) Knowing the rules of a 
game and playing it so that disputes are avoided; (j) 
Reporting serious offenses to proper authorities. 

Things to Do: 

1. Collect and bring to class for discussion editorials, news 

items, special articles, posters, and cartoons which em¬ 
body appeals to seriously consider the responsibilities 
of citizenship. 

2. Make a list of the various agencies engaged in the social 

work carried on in your community. Interview the 
person in charge of such an organization and report to 
the class. 

3. Choose a vocation and show the training required, the 

possibilities for success, in fact all the steps necessary 
' to reach the position of highest responsibility in it. 

4. Make a list of the things your city, state, and federal 

governments are doing for you. 

5. Using newspapers in class, discuss the relative merits of 

the contents with reference to the essentials of good 
citizenship set forth in the chapter. 

6. Further exercises in citizenship for stimulating class dis¬ 

cussion and training in making decisions vital in the 
life of every citizen can be had by using “Tests in 
Citizenship” by Chassell and Chassell (Bureau of Publi¬ 
cations, Columbia University). The problems are pre¬ 
sented in story form with judgment questions aiming 
at the thoughtful consideration of the problems of 
Honesty, Thrift, Self-control, Civic Responsibility, Fair 
play, Perseverance, and Trustworthiness. 

Helpful and Inspirational Books: 

Dunn—“Community Civics for City Schools” 

Dunn—“Community Civics and Rural Life” 

Bok—“Americanization of Edward Bok” 

Hale—“Man Without a Country” 

Riis—“The Making of an American” 

Hagedorn—“You are the Hope of the World” 


CHAPTER TWO 


Place of 
education 
in govern¬ 
ment. 


GOOD CITIZENSHIP REQUIRES A STUDY OF THE DEVEL- 
OPMENT OF OUR CONSTITUTION 

The greater portion of the people of the world 
have no choice in selecting their governors. In 
such countries there are two school systems. One 
educates those who are to rule and the other those 
who are ruled. The educational opportunity which 
a child receives is determined by birth and social 
position. The “high born” are given a complete 
education in one school system. The “low born” 
attend a different system and receive but a meager 
elementary training completed at an early age. 

The “low born,” or the people destined to be 
followers, do not study the fundamental principles 
of government. They are deliberately trained to 
be good, hard-working, industriously efficient, law- 
abiding subjects, content to plod along in an un¬ 
changing groove without having their curiosity 
aroused about the origin and the operation of their 
government. 

In America we are really the governors ourselves 
and we must be trained to know the meaning of 
true liberty, to exercise the rights of a ruling citi¬ 
zenship, and to know the value of industry, of 

courage, and of character. 

22 


GOOD CITIZENSHIP 


23 


In early childhood we have only a personal in- The 
terest and cannot forget our own selfish desires ground 
however much they interfere with the rights of of citizen- 
others. As we grow older we know well that it is slup * 
the contacts we make with our parents, our neigh¬ 
bors, our friends, our schoolmates, our civic institu¬ 
tions, and our surroundings which make us what 
we are. Every association should have a tendency 
to mold us into better citizens. If we think back 
over our lives, we realize that we have passed 
through an evolution in the formation of habits to 
reach our present state of citizenship. In a similar 
way our nation has grown because our nation is 
composed of individuals such as ourselves. Our 
nation is a product of the Anglo-Saxon race. This 
race has the distinction of developing a capacity 
for self-government and for creating the free insti¬ 
tutions which we have inherited. 

Our religion is presented to us in historical form, 
and we enjoy studying the story of its fundamental 
principles and the sacrifices that made it an estab¬ 
lished religion. 

Similarly we must study the story of the develop¬ 
ment of our Constitution, creating a background 
before we study this great document itself. “Prece¬ 
dents like cobblestones pave the pathway to the 
Constitution,” and that pathway reaches far back 
to the beginning of the struggle for personal liberty. 

It will be a matter of the highest interest to know 
how our government was created, how it operates, 


24 


THE MARCH OF DEMOCRACY 


Periods of 
Develop¬ 
ment. 


and how it may be made the means of further 
progress in promoting the general welfare. 

A great journalist writing on the Constitution 
said, “Almost every provision in that instrument 
has a history that must be understood before the 
brief and sententious language employed can be 
comprehended in the relations its authors intended.” 

It is with these principles in mind that we concern 
ourselves with the historical background and trace 
the development of the Constitution through its 
various stages until we study in their original form 
this and other great documents of liberty. 

THE GROWTH OF THE CONSTITUTION 

The form of government under which we live is 
not the work of a day, nor is it the work of any one 
man or any one body of men. It is the outgrowth 
of long experience. It is the product of a gradual 
evolution through a period dating far back in his¬ 
tory. As we follow the growth of the Constitution, 
through the successive steps by which it was formed, 
we shall try to emphasize the underlying principles 
which, slowly but steadily, led the colonies to form 
a firm and lasting union and which have made the 
America of to-day one of the greatest governments 
of all time. 

Broadly speaking, the story of the growth of the 
Constitution may be divided into three periods, 
although each period is related to the one following 
so that no definite line of demarcation can be drawn 
between the different periods. 


GOOD CITIZENSHIP 


25 


Questions 

To the Pupil: 

1. Why is ignorance of the Constitution a real danger to us ? 

2. If our fellow citizens are in ignorance of the enforcement 

and the violation of the Constitution, can it affect our 
liberty? Why? 

3. Why concern ourselves about understanding the Constitu¬ 

tion when others in authority will do that for us? 

4. Imagine that all the copies of the Constitution in exist¬ 

ence were destroyed. On what basis would we continue 
our government ? Why ? 

5. A good business man will not become a party to a con¬ 

tract without a thorough investigation, and in the case 
of real estate traces the history of the transaction back 
to government ownership, (a) Show how the govern¬ 
ment as a party of the first part and you as a party of 
the second part form a Personal Liberty-Insurance 
Contract. (6) Why is it good business policy, regard¬ 
less of your duty as a citizen, to investigate what the 
government expects of you? (c) Show why the govern¬ 
ment is justified in expecting returns to the best of your 
natural ability. 

6. Show how each generation can furnish the material which 

enables the one following to make more progress. 

7. What object do business houses, life insurance companies, 

and banks have in using with their advertising material 
reproductions of famous documents and pictures of 
meetings and of men preparing such documents? 

Things to Do: 

1. Find the history of some local custom or institution and 

show how this knowledge gives you more interest in it. 

2. From your grandparents get a description of the schools 

they attended and the subjects taught. Using this in¬ 
formation in comparison with your school, show how 
their experiences were of service in giving you superior 
advantages. 

3. Debate—Knowledge of the Constitution and its develop¬ 

ment is quite as essential to good citizenship as knowl¬ 
edge of the rules of a game before playing it. 


CHAPTER THREE 


Different 
Motives of 
Settle¬ 
ment. 


Scattered 

Settle¬ 

ments. 


COLONIAL GROWTH AND DEVELOPMENT—CAUSES HIN¬ 
DERING UNION OF THE EARLY COLONIES 

During this period, as each colony grew in pop¬ 
ulation and developed its character, certain cir¬ 
cumstances from time to time revealed to the 
colonists the strength and advantage that came 
from united action. 

Among the early English settlements there was 
but slight tendency toward union. This fact was 
principally due to the following reasons: 

Each colony came independently from the mother 
country and was filled with a desire to establish 
itself for some particular purpose. In Virginia, for 
example, the purpose was commercial; in Plymouth 
the motive was to secure civil and religious liberty; 
while in Massachusetts Bay both these ideas held 
sway. These different motives cultivated a spirit 
of exclusiveness among the various colonies, and 
often aroused a spirit of jealousy of each other’s 
success. 

The settlements were widely scattered along the 
Atlantic coast. Communication between them was 
difficult and dangerous. Then, too, each settlement 
was generally so absorbed in the struggle for exist¬ 
ence that in its earliest days it was compelled to 
some extent to remain isolated. Such isolation was 
26 


GROWTH AND DEVELOPMENT 


27 


not without its advantages, however, as it developed 
a spirit of sturdy self-reliance and manly independ¬ 
ence. 

The land grants under the various charters fre¬ 
quently created rival claims to the same territory. 
As the settlements became more firmly established, 
the desire to trade increased the tendency to deal 
with each other, but disputes over territorial bound¬ 
aries frequently led to jealousy and strife, and pre¬ 
vented the colonies from having cordial relations 
with one another. 

CAUSES FAVORING UNION OF THE EARLY COLONIES 

In spite of these facts, however, there were certain 
conditions which tended toward union. 

Generally speaking, the colonists were of English 
birth. They spoke the same language. They were 
bound together by the same customs and traditions 
brought from the mother country, and naturally 
their forms of government and laws were quite sim¬ 
ilar to those of England. 

By far the strongest tendency toward union was 
the danger common to all from the French and the 
Indians. The necessity of united action against a 
common foe in their early days taught them respect 
for one another, and gradually paved the way for a 
true and vital union. 

The colonists early learned that each colony pro¬ 
duced many commodities desired by the others. 
The products of the New England fisheries found 


Conflict¬ 
ing Land 
Claims. 


Common 

Ancestry. 


Common 

Dangers. 


Commer¬ 

cial 

Relations. 


28 


THE MARCH OF DEMOCRACY 


Inter¬ 
ference of 
England. 


Conditions 
Deter¬ 
mining 
Forms of 
Local 
Govern¬ 
ment. 


a ready market in the middle and southern colonies, 
while the ship stores produced in the Carolinas were 
eagerly sought by the shipbuilding interests of the 
northern colonies. West Indian productions were 
in demand in all the colonies, and most of the carry¬ 
ing trade was in the hands of the thrifty New Eng¬ 
landers. These commercial relations had a tendency 
to strengthen the ties between the different sections. 

As the colonies grew stronger there was still fur¬ 
ther cause for union in the gradual encroachment of 
England on their rights and liberties in her attempt 
to exploit the colonies for her own commercial ad¬ 
vantage. United resistance to England finally be¬ 
came a necessity. But union was a slow process, 
for union is always a slow growth where strong indi¬ 
vidualism exists. It took a long time for the colonies 
to outgrow their individual tendencies, to realize 
that only through union could they maintain their 
rights against a force more powerful than any of 
the separate colonies. They also learned to subordi¬ 
nate their wishes to each other in order that a 
greater general good might result. It was not until 
one hundred eighty years after the establishment 
of the first English settlement that a real union was 
brought about. 

LOCAL GOVERNMENT IN THE COLONIES 

Local government in the early colonies was de¬ 
veloped along certain definite lines which were de¬ 
termined by several conditions. Among these 
conditions may be mentioned the following: 


GROWTH AND DEVELOPMENT 


29 


The character of the settlers. 

The motives which led them hither. 

The manner in which they came. 

The topography, climate, and soil of the 
place of settlement. 

These conditions in the northern and the southern 
colonies developed widely different forms of local 
government. If we take Massachusetts as the typi¬ 
cal northern colony, and Virginia as the typical 
southern colony, we may see in a general way all 
the different features of local colonial government, 
since all the other colonies developed forms more or 
less similar to the form developed in either Massa¬ 
chusetts or Virginia. 

In the early part of the seventeenth century many 
of the people of England became greatly dissatisfied 
with the Episcopal or Established Church. They 
believed that many of its forms and ceremonies 
tended to prevent a true worship of God, and they 
earnestly wished to abolish them and to adopt what 
they regarded as a purer form of church worship. 
They also believed that each congregation should 
be independent in the management of its church 
affairs. Feeling that their ideas could be put into 
practice in America without interference, they de¬ 
cided to seek homes in the New World. Grouping 
themselves about their ministers, they came to this 
country enduring great hardships and suffering many 
privations, but filled with the lofty purpose of find¬ 
ing a place where they could establish and enjoy 
both civil and religious liberty. Bound together by 


Local 
Govern¬ 
ment in 
Massa¬ 
chusetts. 


30 THE MARCH OF DEMOCRACY 

a common tie, they came not as individuals or as 
families, but as congregations. They established 
homes in little communities by themselves, set up 
their churches, and proceeded to establish a form 
of self-government. Each little group of settlers 
became known as a town , and the area over which 
they settled was called a township. Grants of land 
were given by the London Company to the congre¬ 
gations as a whole, and by the congregations were 
allotted to individuals. These townships were gen¬ 
erally quite small in area, and the people met to¬ 
gether for the transaction of public business. Thus 
their form of government was a democracy. It must 
not be inferred, however, that every man took part 
in public affairs. This privilege was exercised only 
by those who took the prescribed oath of allegiance, 
after being duly admitted /‘freemen” (that is, land 
holders) by vote of the town. 

Precautions were taken to prevent undesirable 
persons from settling in the community. By the 
charters all freemen w T ere allowed to vote; but since 
in the early days none but members of the church 
were admitted freemen, there was formed a close 
alliance between church and state. As all members 
of the township were usually members of the church, 
the “meeting house” served at first for both church 
services and town meetings. 

The towns received their permission to establish 
settlements and their grants of land from the com¬ 
pany formed in England under the title of “The 
Governor and Company of Massachusetts Bay in 


GROWTH AND DEVELOPMENT 


31 


New England.” The charter provided for four gen¬ 
eral meetings of the freemen in all the towns each 
year. The freemen were to elect a governor, a 
deputy governor, and a council of eighteen assist¬ 
ants, to manage the affairs of the colony. The town¬ 
ships or congregations increased so rapidly in num¬ 
ber, however, that general meetings of all the free¬ 
men soon became impracticable. Therefore, a plan 
was devised by which each town sent two rep¬ 
resentatives, called deputies, to what was called the 
“General Court.” This General Court made laws 
for the united townships in all matters pertaining 
to the general welfare, but in all local matters each 
township was permitted to administer its own af¬ 
fairs. Thus for the state was established a repre¬ 
sentative government. 

The people engaged in farming, fishing, shipbuild¬ 
ing, and commerce. They were industrious, thrifty, 
sober-minded, God-fearing men and women. The 
rigorous climate and the barren soil compelled dili¬ 
gent effort to gain a living, and there grew up a 
community without such insurmountable class dis¬ 
tinction as existed in those colonies where, owing 
to the mild climate and the luxuriant soil, cheap 
labor was ever in demand. 

The early settlers in Virginia came solely for the 
purpose of trade, and, unlike the settlers in New 
England, they came not as congregations, but as 
individuals. The soil of Virginia was found to be 
peculiarly adapted to the raising of tobacco, and, 
since this product was especially profitable, the 


Local 
Govern¬ 
ment in 
Virginia. 


32 THE MARCH OF DEMOCRACY 

settlers devoted themselves to its culture. As the 
crops soon impoverished the soil, it became neces¬ 
sary to clear and cultivate large tracts of land. The 
necessity of preparing and cultivating the land led 
to a demand for cheap labor, which was met by the 
importation of negroes from Africa, the bringing 
of a large number of indentured servants from 
England, and the kidnapping of many persons from 
English seaports. The plantations were established 
along the many broad, navigable rivers, and each 
plantation became a little community in itself, often 
embracing an area greater than that of a New Eng¬ 
land township, frequently shipping its annual crop 
of tobacco directly from its own wharf to England, 
and importing from England on the return voyage 
the various supplies needed for the next year. 
There were but few roads in the colony. Communi¬ 
cation between the plantations was generally by 
means of bridle paths through the woods, and by 
boats manned by slaves on the many rivers. This 
plantation method of settlement naturally tended 
to isolation, and we find no towns as in New Eng¬ 
land. Labor was considered dishonorable and de¬ 
grading, and there soon sprang up three distinct 
social classes. First came the wealthy, proud, and 
aristocratic plantation owners, who looked with con¬ 
tempt on all engaged in manual labor. Second came 
the blacks, who tilled the soil under the direction 
of their masters, and were little respected by all 
the whites. Then, there was a third class, composed 
of indentured servants and kidnapped persons, who, 


GROWTH AND DEVELOPMENT 33 

when their term of service ended, were too proud to 
work in the fields with the negroes, and too poor, 
shiftless, or inexperienced in most cases to acquire 
plantations of their own. These people had no 
social standing, and formed a class by themselves 
known as “poor whites.” The social standards 
which separated the plantation owners from the 
other classes naturally gave an opportunity for the 
upper class to assume control of the government of 
the colony. The settlers brought with them a 
knowledge of the forms and customs of the Estab¬ 
lished Church of England, and they based their gov¬ 
ernment upon that of the church parish. Several 
plantations grouped together supported a church; 
and, as it was inconvenient for the people to meet 
together as they did in the New England towns, 
the management of local affairs was gradually in¬ 
trusted to the vestrymen of the church. At first 
the people chose the vestrymen, but after a while 
they allowed the vestrymen to fill vacancies in their 
number, so that the people had little to do with local 
government. As the plantations increased in size 
and number, .the colony was divided into eleven 
boroughs or counties, the borough usually consist¬ 
ing of several parishes. The people in each borough 
annually chose two representatives called burgesses, 
who met in a general assembly called the House of 
Burgesses, to transact all business for the colony 
as a whole. This House of Burgesses, which first 
met in 1619, was the first legislative, body ever 
convened in America. 


34 


THE MARCH OF DEMOCRACY 


The 
Unit of 
Political 
Represen¬ 
tation in 
Massa¬ 
chusetts 
and in 
Virginia. 


Local 
Govern¬ 
ment 
in the 
Other 
Colonies. 


Thus, we see that, while the unit of political rep¬ 
resentation in the colonial assembly was the town 
in Massachusetts, it was the county in Virginia. 
The New England town system and the Virginia 
county system of government are illustrative of 
two widely different forms of government, and the 
development of each was a natural outgrowth of 
the method of settlement; and the method of settle¬ 
ment in each case was a natural outgrowth of the 
way in which each colony came to America, and of 
the adaptation of the climate and soil of each sec¬ 
tion to the raising of certain products. 

The other colonies established along the Atlantic 
seaboard developed forms of government which par¬ 
took of the nature of both the town and the county 
systems, that particular form predominating which 
seemed best fitted to local conditions. 


THE THREE FORMS OF COLONIAL GOVERNMENT 


General 
Plan of 
Colonial 
Govern¬ 
ment. 


The colonial governments were in the main copies 
of the English government. In England there was 
a King and a Parliament consisting of an upper 
branch, known as the House of Lords, and of a 
lower branch, known as the House of Commons. In 
the colonies we find a governor and a legislature, 
or assembly, consisting of an upper and a lower 
body. The duty of the legislature was to make the 
laws, while the duty of the governor was to see 
that the laws were enforced. In all the colonies 
the governor had an absolute veto power over the 


GROWTH AND DEVELOPMENT 


35 


acts of the legislature, and no colony could pass any 
law contrary to the laws of England. At first the 
legislature or assembly consisted of but a single 
body. In all the colonies, however, the governor 
was assisted in the performance of his duties by a 
council, or board of assistants, consisting usually 
of twelve or eighteen members, who were chosen in 
the same manner as the governor was chosen. In 
its capacity as a board of advisers to the governor, 
the council practically constituted an upper branch 
of the legislature, since all measures passed by the 
legislature were discussed by the council before 
being acted upon by the governor. The council 
gradually developed into the upper branch of the 
legislature. The council also frequently exercised 
judicial functions, being substantially a court of last 
resort in all colonial disputes. The colonial govern¬ 
ments thus really consisted of a governor and a 
legislature composed of an upper and a lower body. 

While the general plan of government was as 
thus stated, yet we find three distinctive forms of 
government in the colonies—charter, proprietary, 
and royal. 

To some of the settlers the king gave a charter 
specifying the powers granted to the colonists and 
the powers reserved to the crown. These charters, 
which could be legally changed only by mutual con¬ 
sent of the king and the colonists, were carefully 
preserved by the colonists as evidences of their 
rights. Under this form of government the people 
elected the governor and both branches of the leg- 


Three 
Forms of 
Colonial 
Govern¬ 
ment. 

Charter 

Govern¬ 

ment. 


36 


THE MARCH OF DEMOCRACY 


Proprie¬ 

tary 

Govern¬ 

ment. 


Mature. As these charters gave the people the 
right to govern themselves and to make their own 
laws, and as the king rarely interfered with their 
affairs in the early days, the charter colonies were 
practically small independent republics. The colo¬ 
nies having charter governments were Massachu¬ 
setts, Rhode Island, and Connecticut. 

During a quarrel with King James II in 1684, 
Massachusetts lost her charter, and under a new 
charter granted in 1691 she was part royal and part 
charter in that the governor was appointed by the 
king while the council was elected by the people. 
The charters of Connecticut and Rhode Island pro¬ 
vided such satisfactory forms of government that 
these colonies merely continued their charters as 
state constitutions until long after the Federal Con¬ 
stitution went into effect—Connecticut in 1818, and 
Rhode Island in 1842. 

Sometimes the king gave a grant of land and 
the right to govern it to an individual to whom he 
was indebted for some special service or with whom 
he was particularly friendly. This was a proprietary 
form of government, and the person to whom the 
grant was made was called the “Lord Proprietary.” 
The Lord Proprietary either governed the colony 
himself, or appointed some one to act for him, and 
also appointed the upper branch of the legislature. 
The lower branch was elected by the people. The 
nature of this form of government was thus that 
of a limited monarchy. Maryland, Pennsylvania, 
and Delaware were proprietary governments. 


GROWTH AND DEVELOPMENT 


37 


The grant to the Lord Proprietary of Maryland, 
Lord Baltimore, was especially liberal. Among 
other large powers conferred, it was distinctly stated 
that England had no right to levy taxes in the 
colony, and that all laws passed by the assembly 
were valid as soon as approved by the Lord Pro¬ 
prietary. In all the other colonies all laws had to 
be submitted to the king for approval. 

All the other seven colonies were directly under 
control of this kind, although some of them in 
their early days were proprietary governments. In 
this form of government the king named a governor 
to act for him, and appointed the upper branch of 
the legislature. The people, however, elected the 
lower branch. 

These three forms of colonial government were 
alike in certain respects. They all had a governor 
and an assembly or legislature consisting of an upper 
and a lower branch. The lower branch was always 
chosen by the people, and as all bills for raising 
revenue originated in the lower body, the people 
practically governed themselves since the power of 
taxation was in their own hands. If they disap¬ 
proved of any measure, they could render it inopera¬ 
tive by refusing to appropriate any money for carry¬ 
ing it into effect. The right of taxing themselves 
had been an inherent right of all Englishmen since 
the year 1215, when the barons forced King John 
to sign the Great Charter on the plains of Runny- 
mede. Each successive English sovereign had re¬ 
affirmed the provisions of the Great Charter, and 


Royal 

Govern¬ 

ment. 


Similari¬ 
ties 
of the 
Colonial 
Govern¬ 
ments. 


38 


THE MARCH OF DEMOCRACY 


Differ¬ 
ences 
of the 
Colonial 
Govern¬ 
ments. 


Effect 
of Self- 
Govern¬ 
ment. 


The 

First 

Written 

Constitu¬ 

tion. 


the settlers as English subjects claimed the right 
to levy their own taxes. In the charters granted 
to the London and the Plymouth companies it had 
been stated explicitly that the colonists should have 
the same rights and privileges as belonged to free- 
born citizens of England. 

The most notable difference among the colonial 
governments was the manner of selecting the gov¬ 
ernor and the upper branch of the legislature. In 
the charter colonies the people chose both; in the 
royal and proprietary colonies the king or the pro¬ 
prietary appointed both. 

This practice in self-government, enjoyed in 
greater or less degree in all the colonies, was a 
valuable training. When England finally attempted 
to exert an unjust authority over them, she found 
the spirit of liberty and independence too deeply 
rooted to yield to her demands. 


FIRST STEP TOWARD UNION —1639 

The first step toward union was taken in 1639, 
when the inhabitants of Hartford, Windsor, and 
Wethersfield met at Hartford and adopted a writ¬ 
ten constitution called “The Fundamental Orders 
of ConnecticutThis action was taken by the 
settlers on their own authority and responsibility, 
and is the first instance in history of a written con¬ 
stitution framed and adopted by the people them¬ 
selves. 


GROWTH AND DEVELOPMENT 


39 


In this constitution of the Connecticut colony 
we have outlined some of the principles of govern¬ 
ment embodied in the Articles of Confederation and 
in the Constitution of the United States adopted 
a century and a half later. 

(1) The government was a “federation of 
independent towns/’ each township having 
equal representation in the general court or 
assembly. 

(2) Each township retained all rights and 
powers not expressly delegated to the general 
court. 

“The government of the United States to-day is 
in lineal descent more nearly related to that of 
Connecticut than to that of any of the other thirteen 
colonies.” 

THE NEW ENGLAND CONFEDERACY— 1643 

Four years after the union of the settlements 
forming the Connecticut colony, the four colonies 
of Massachusetts, Plymouth, Connecticut, and New 
Haven formed a league or confederacy, under the 
title of “The United Colonies of New England,” 
for mutual aid and protection against the Dutch, 
the French, and the Indians. The affairs of the 
league were managed by a board of commissioners, 
consisting of two church members in good standing 
from each colony, which had power over all rela¬ 
tions with the Indians and foreign powers. No 
measure could be carried into effect without the ap- 


Chief 
Character¬ 
istics 
of the 
Funda¬ 
mental 
Orders. 


Object 

and 

Manage¬ 

ment. 


40 


THE MARCH OF DEMOCRACY 


A Confed¬ 
eration, 
not a 
Union. 


proval of six of the commissioners, and all acts of 
the commissioners were subject to the revision of 
the colonial legislatures. 

While the presence of a common danger induced 
these four colonies to act unitedly, yet their con¬ 
federation was in no sense a union, for it was ex¬ 
pressly stated in their agreement that in all things 
except danger from outside enemies the colonies 
were to act independently. The security from hos¬ 
tile attacks during the forty years the league existed, 
served to teach the advantages of a close union of 
colonies whose interests were identical. 

FIRST REAL UNION OF COLONIES 

In 1662 the Connecticut and the New Haven colo¬ 
nies were united by royal command under the name 
Connecticut. In like manner, the Providence and 
the Rhode Island Plantations became the Rhode 
Island colony in 1665. In 1691 the Massachusetts 
Bay and the Plymouth colonies were joined together 
under the name Massachusetts. 

THE FIRST AMERICAN CONGRESS 

After the Schenectady massacre by the Indians 
in 1690 the government of New York, influenced by 
the success that had attended the New England 
confederacy, .invited the various colonies to send 
delegates to a general colonial congress to confer 
in regard to the adoption of a plan for providing 


GROWTH AND DEVELOPMENT 


41 


means of offense and defense against their common 
foes—the French and the Indians. Delegates from 
five colonies—New York, Massachusetts, Plymouth, 
Connecticut, and Maryland—met in May, 1690, and 
entered into an agreement to raise troops for the 
common defense. This was the first American 
Congress. The allied colonies made an invasion of 
Canada which was a failure. 

penn’s plan of union 

In 1697 William Penn proposed the establishment 
of a congress of all the colonies for mutual consulta¬ 
tion and cooperation. This congress, to be com¬ 
posed of two delegates from each colony, was to 
meet regularly once in two years, and oftener should 
public necessity require, to confer in regard to all 
matters pertaining to the general welfare. Although 
the plan was not adopted, its suggestion shows that 
the idea of union was present in the minds of the 
ablest and closest students of colonial affairs. The 
colonists as a whole, however, had not awakened 
to the possibilities of united action. 

THE ALBANY CONVENTION —1754 

The next step of importance toward union was 
taken at Albany in 1754. At the request of the 
Lords Commissioners for Trade a convention of the 
colonists was held at Albany for the twofold pur¬ 
pose of forming a closer alliance with the Six Na- 


Object 
of the 
Conven¬ 
tion. 


42 


THE MARCH OF DEMOCRACY 


Principal 

Features 

of 

Franklin’s 
Plan of 
Union. 


The 

Plan 

Rejected. 


tions, and of taking steps to resist the increasing 
power of the French. Seven of the thirteen colonies 
—Massachusetts, New Hampshire, Rhode Island, 
Connecticut, New York, Pennsylvania, and Mary¬ 
land—sent delegates. The convention decided that 
a union was necessary for the preservation of the 
colonies, and appointed a committee, consisting of 
one delegate from each colony represented, request¬ 
ing that they draw up a plan of union. The ven¬ 
erable Benjamin Franklin was a member of this 
committee, and a plan of union proposed by him 
was recommended by the committee and approved 
by the convention. 

This plan, commonly called “Franklin’s Plan of 
Union,” provided for a President General, to be 
appointed by the Crown, who was to have an abso¬ 
lute veto power over all acts of the council; and a 
Grand Council of delegates to be chosen every three 
years by the colonial assemblies. This council was 
to have charge of all affairs which concerned the 
colonies as a whole, and power to levy taxes to 
provide for the common defense. 

The plan was submitted to the several colonial 
legislatures, but was rejected by all because it gave 
too much power to the crown. Each colony was 
unwilling to lose its individuality and give up the 
right of regulating its own taxes. The plan was also 
disapproved by the crown because it gave too much 
power to the colonies. 

Although the pressure of a common danger was 
not sufficiently strong to compel a union, still the 


GROWTH AND DEVELOPMENT 


43 


discussion of the question of union led the colonists 
to consider seriously the advantage of acting to¬ 
gether in matters affecting all of them. 

THE FRENCH AND INDIAN WAR (1754-1763) 

During the French and Indian War immediately 
following the Albany Convention the colonies acted 
unitedly in repelling their long-standing enemy— 
the French. The men from the various colonies 
fought side by side, shared the hardships of war¬ 
fare, became better acquainted with each other, and 
learned that although they differed in many respects, 
yet there were many things in which they had a 
common interest. 


Questions 

To the Pupil: 

1. Contrast the motives of the people who settled the differ¬ 

ent colonies. 

2. What conditions led the colonists to feel the need of 

united effort? 

3. How did the difference in the aims of settlement enable 

the colonists to gain experience in representative gov¬ 
ernment ? 

4. Define a town; a township. 

5. What is a democracy? 

6. Show how your high school could be organized into a 

representative government. 

7. Where did the colonists get their ideas of government? 

8. Compare each of the three distinctive forms of govern¬ 

ment in the colonies. 

9. Did England expect the colonists to remain under her 

control ? What mistakes were made in the forms 


Help 

Toward 

Union. 


44 THE MARCH OF DEMOCRACY 

of government allowed to develop in the different 
colonies ? 

10. What was Franklin’s Plan of Union? Why did it fail? 

11. What were the causes and the results of the Albany Con¬ 

vention ? 

12. Show the importance of each step toward union discussed 

in this chapter, giving special attention to the conditions 
that led the colonist to realize that “in union there is 
strength.” 

13. Why was the New England Town Meeting called the 

“Training School in Democracy”? 

Things to Do: 

1. Imagine that you are a colonist living in Virginia or in 

one of the New England colonies. Write a letter to a 
friend in England expressing your point of view in re¬ 
gard to restrictions; taxes, and acts of the King. 

2. As a colonist give a three-minute talk expressing your 

opinion in proposing a new type of government. 

3. Arrange in convincing form the evidence that the colonists 

were in need of a closer union. 

4. Organize your class into a House of Burgesses or into a 

New England Town Meeting and discuss some of the 
problems confronting that body. 


CHAPTER FOUR 


PERIOD OF ENGLISH INTERFERENCE 


During this period the idea of nationality had 
its birth through the stress of external influences 
which compelled united action in order that the 
colonies might obtain their rights and liberties. 

It was stated explicitly in all the colonial char¬ 
ters and grants that the English colonists in Amer¬ 
ica should possess all the rights and privileges en¬ 
joyed by native-born Englishmen at home, and it 
was in consequence of the refusal of the English 
government to allow the colonists to enjoy these 
rights that the American Revolution was brought 
about. In order to understand clearly the causes 
of the Revolution it is necessary to look far back 
in English history to learn what rights were claimed 
by the colonists, and to see the gradual evolution 
by which these rights were obtained by the English 
people. 

Previous to the time of the conquest of England 
by the Normans most of the land was in the hands 
of the Church and a few men who were called “lords 
of the manor” because they owned large manors or 
estates. The people living on these manors were 
subject to their lord, were obliged to render him 
certain services in labor, and were not allowed to 
45 


Rights 

of 

English 

Colonists 

in 

America. 


William I, 
The 

Conqueror. 

Feudal¬ 

ism. 


46 THE MARCH OF DEMOCRACY 

leave the estates without permission. The bishops 
and the lords met together from time to time to 
confer in regard to the affairs of the country, and 
to make such laws as they deemed best. The com¬ 
mon people, however, had no voice in making these 
laws, and were little better than serfs or slaves. 

In 1066 the Normans conquered the country, and 
William the Conqueror, Duke of Normandy, became 
King of England. William did not claim to be king 
wholly by right of conquest, but he summoned the 
lords of the manors to meet him, and then asked 
them to elect him king. Most of them complied 
with his request, took the oath of fealty, and re¬ 
ceived permission from the newly elected king to 
retain possession of their lands on the payment of 
a sum of money. The people of those days believed 
in feudalism, that is, that all the land belonged 
to the king, and that it was his privilege to dispose 
of it as he saw fit. In accordance with the English 
law and belief that all the land belonged to the 
king, William now seized all the estates of those 
who would not acknowledge him king, and distrib¬ 
uted them among his Norman followers on con¬ 
dition that they should render him such military 
service as he demanded. He also required not only 
the lords, but all the tenants on the estates of the 
lords, to take the oath of loyalty to him personally. 
Bareheaded, without arms, and on bended knees, his 
subjects placed their hands in his and solemnly 
swore: “I become liege-man of yours for life and 
limb and earthly regard, and I will keep faith and 


ENGLISH INTERFERENCE 47 

loyalty to you for life and death.” Then the king 
sealed the oath with a kiss of acceptance. 

King William’s power was absolute. He made all 
the laws, levied taxes, and punished and imprisoned 
his subjects as he saw fit. Although arbitrary and 
severe, his rule was just. But the bishops and the 
lords, who before the Conquest had exercised a voice 
in the government, were dissatisfied with a ruler 
who possessed such absolute power. Then there 
began a long struggle, lasting for more than seven 
centuries, between the people and the king. The 
kings, for the most part, contended for the right 
of governing as they wished, while the people with 
their ever-growing love of liberty and freedom of 
government demanded the right to make the laws 
which they must obey. 

The rule of William II, the son and successor of 
William the Conqueror, was so unjust and tyran¬ 
nical that there was much rejoicing when he was 
found, his heart pierced by an arrow, in the New 
Forest which his father had created. Determined 
not to be ruled again by a monarch with such great 
power, the bishops and lords compelled Henry I, 
another son of William the Conqueror, on his ac¬ 
cession to the throne in 1101, to issue a Charter of 
Liberties to the nation. This charter was an agree¬ 
ment or promise on the part of the king that he 
would grant his subjects good government. He 
agreed that they should enjoy all their ancient rights 
and liberties, and promised to reform the many 
abuses which had come in during the reign of his 


48 


THE MARCH OF DEMOCRACY 


Influence 
of the 
Crusades 


King 
John— 
Magna 
Charta. 


brother. The important thing to be remembered 
about the Charter of Liberties is that it really 
granted equal rights to all freemen. 

The Crusades exerted a powerful influence in 
securing liberty for the people. When it was de¬ 
sired to raise money to carry on an expedition to 
the Holy Land, the kings sold certain rights of self- 
government to the large cities, and the lords allowed 
their retainers to buy the land on which they lived, 
so that when the crusades were over there was a 
multitude of small landowners in the kingdom. This 
change in the ownership of land was destined to 
prove an important factor in securing to the people 
freedom of government, for all the landowners were 
interested in maintaining the ancient rights of prop¬ 
erty owners, and in acquiring additional rights 
which the love of liberty prompted. 

King John, the great grandson of Henry I, was a 
heartless, brutal monarch who cared nothing what¬ 
ever for the welfare of his subjects. He denied the 
right of the Church to appoint its officers and to 
enjoy the use of its property. He oppressed the 
barons by his heavy extortions of money, violated 
the charters which had been granted to London and 
other large cities; compelled merchants to pay large 
sums of money for the privilege of carrying on their 
business, and even deprived the poor workmen of 
the tools by which they gained a livelihood when 
they could not pay the money he demanded. He 
threw men into prison without reason, and refused 
to grant them a trial. In short, he refused abso- 


ENGLISH INTERFERENCE 


49 


lutely to regard as sacred any of the rights and 
privileges which the people had come to consider 
their own. When he died, the most his subjects 
could say of him was that there had passed away “a 
knight without honor, a king without justice, and a 
Christian without faith.” 

King John’s injustice and oppression finally be¬ 
came so unbearable that his subjects were driven 
to rebellion. Stephen Langton, the archbishop of 
Canterbury, the head of the Church in England, 
called a meeting of the clergy, the barons, and the 
leading men of the country, to protest against John’s 
grievous abuse of the kingly power. The archbishop 
brought forth the old “Charter of Liberties” granted 
by Henry I a century before, and all present swore 
an oath that they would demand and maintain the 
rights granted by this ancient document. The 
barons then made war on King John, and on the 
plains of Runnymede, an island in the Thames 
River a few miles below London, on June 15, 1215, 
forced him to sign a new agreement called Magna 
Charta, or the Great Charter. 

Most of the sixty-three provisions of Magna 
Charta relate to abuses of the time, and have now 
become obsolete. Three of its provisions, however, 
are of the utmost importance in the history of Eng¬ 
lish liberties: 

(1) No taxes (except in three cases especially men¬ 

tioned) were to be levied except by the con¬ 
sent of the general council of the kingdom. 

(2) No freeman was to be imprisoned or proceeded 


Magna 

Charta. 


Provi¬ 
sions of 
Magna 
Charta. 


50 


THE MARCH OF DEMOCRACY 


Henry III. 
Begin¬ 
ning of 
House of 
Commons. 


against unless by the lawful judgment of his 
peers, or by the law of the land. 

(3) Justice or right was not to be denied or sold 
to any man. 


In these provisions of the Great Charter we have 
the first great step toward securing those rights of 
personal liberty which have been so highly prized 
and so carefully guarded by all English-speaking 
peoples. While these rights were obtained largely, 
if not wholly, by the insistence of the barons, yet 
the Great Charter marks the first time in English 
history that a compact had been made between the 
king and the people. It was a most important step 
toward securing national government. 

King John’s son and successor, Henry III, was 
weak, extravagant, and inefficient. The barons re¬ 
fused to grant the enormous sums of money which 
he demanded, and under the leadership of Simon de 
Montfort a new parliament was assembled in 1265. 
This parliament differed from all previous parlia¬ 
ments, for knights of the shires (counties) and 
citizens of the boroughs (towns) were summoned 
to meet with the bishops and the barons. For the 
first time the national council granted by the Magna 
Charta was truly national in character in that all 
classes of people were represented in the govern¬ 
ment. This parliament was the beginning of the 
House of Commons, which represents the common 
people as distinguished from the clergy and the 
nobility. 


ENGLISH INTERFERENCE 


51 


At first all the representatives met together, but 
later the bishops and the barons sat in one body, as 
the House of Lords ; and the knights and the citizens 
in another body, as the House of Commons. 

Edward I, who came to the throne in 1272, at¬ 
tempted to tax the people arbitrarily, but his meth¬ 
ods were declared illegal, and he was forced to 
confirm the Charter of Liberties of Henry I, the 
Great Charter of King John, and all other rights 
and liberties. This confirmation reaffirmed the 
principle that the people, who really pay the taxes, 
have a right to determine the taxes laid. It also 
granted security and protection to private property, 
and virtually announced the principle of no taxation 
without representation. 

The pleasure-loving monarch Charles I came to 
the throne in 1625 filled with the idea that he ruled 
by divine right, and not by consent of the people. 
In his attempt to exercise thaj absolute authority 
which he claimed as his royal prerogative, he en¬ 
tered into a long struggle with Parliament. His 
illegal taxation, his interference with the courts of 
justice, his unjust imprisonments, and other arbi¬ 
trary and unlawful acts, led Parliament in 1628 to 
refuse him supplies for carrying on the war in which 
he had become involved with France, until he had 
signed the Petition of Right which Parliament had 
drawn up. In this Bill the king pledged himself to 
raise no taxes without the consent of Parliament, 
to imprison no man except by legal process, to quar¬ 
ter no soldiers on the people except in time of war, 


Edward I 
—Confir¬ 
mation of 
Charters. 


Charles I. 

The 

Divine 

Right 

of Kings. 

Petition 

of 

Right. 


52 


THE MARCH OF DEMOCRACY 


Charles II. 
Habeas 
Corpus 
Act. 


William 

and 

Mary. 

Bill 

of 

Rights. 


The 

Six 

Great 

Rights. 


and to observe faithfully all other national liberties. 
That the refusal of King Charles to keep his prom¬ 
ises finally resulted in his execution, shows how 
deeply rooted the principles of personal liberty and 
freedom of government had become. 

Another great step in the securing of personal 
liberty was taken in 1679, when King Charles II 
was compelled to give his assent to the Habeas Cor¬ 
pus Act. The Latin words habeas corpus mean “you 
may have the body,” and the act permitted any man 
arrested and imprisoned to be brought at once before 
a judge who had authority to release him if he was 
not charged with some specific offense; or if so 
charged, to see that he had a trial before the proper 
court without delay. 

The final step in establishing the authority of the 
people was taken in 1689 when Parliament passed 
the Bill of Rights, and to which King William and 
Queen Mary were obliged to assent before being 
crowned. This Bill of Rights set forth the rights 
of the people as declared by all previous charters 
and grants, proclaimed that the king ruled by con¬ 
sent of the people, declared the right of the people 
to petition for redress of grievances, and announced 
the right of the subjects to rebel when their rights 
were denied. From this time on we find that the 
ruling power has rested with the people as voiced 
through their representatives in Parliament, rather 
than with the ruling monarch. 

The six great rights which the people of England 
obtained after a struggle for hundreds of years, 


ENGLISH INTERFERENCE 


53 


and which the American colonists as subjects of 

England also claimed, may be briefly summarized as 

follows: 

The Right to make their own Laws and levy their 
own Taxes. 

When charged with a specific offense, a man has the 
right to have his guilt or innocence determined by 
a jury of his equals. 

Every one has the right of freedom from arbitrary 
and unjust arrest and imprisonment in time of 
peace. 

“A man’s house is his castle,” and no one, not even 
an officer of the law, has the right to enter and 
search one’s house in time of peace without a 
written order from the government specifying the 
house to be searched, and the person or things 
to be seized. 

That is, the government cannot compel a citizen 
in time of peace to provide food and lodging for 
soldiers. 

It is the right of the people to assemble peaceably 
to discuss their wrongs, and to petition for redress. 


THE STAMP ACT CONGRESS— 1765 

At the close of the French and Indian War, Eng¬ 
land proposed to tax the colonists for a part of 
the expense incurred in that conflict which drove 
England’s rival*from the American shores. To re¬ 
imburse the English treasury for part of the ex¬ 
penses of the war, and to collect a revenue to pay 
in part for the maintenance of the army necessary 


The Right 
of Trial 
by Jury. 

The Right 
of Habeas 
Corpus. 

The Right 
of Secur¬ 
ity in the 
Home. 


The Right 
of Refus¬ 
ing to 
Quarter 
Soldiers. 
The Right 
of Peti¬ 
tion. 


Why 

Called. 


54 


THE MARCH OF DEMOCRACY 


Action 
of the 
Congress. 


to control the territory acquired from France, Par¬ 
liament passed the Stamp Act in 1765. This act, 
which required all legal documents, newspapers, 
pamphlets, almanacs, etc., to bear stamps furnished 
by the British government, aroused the deepest in¬ 
dignation throughout the colonies. To protest 
against this unjust treatment, a colonial congress, 
called the Stamp Act Congress, met at the request of 
Massachusetts at New York in October, 1765. Dele¬ 
gates were present from nine colonies—Massachu¬ 
setts, Rhode Island, Connecticut, New York, New 
Jersey, Pennsylvania, Delaware, Maryland, and 
South Carolina. Timothy Ruggles of Massachu¬ 
setts was chosen president. 

The congress took the following action, each col¬ 
ony being entitled to one vote: 

(1) It issued a Declaration of Rights, in which it 

was asserted: 

(a) That the colonists are loyal subjects of the 

crown, and as such are entitled to all the 
rights of native-born subjects; 

( b ) That it is the undoubted right of all En¬ 

glishmen to be taxed only by a body in 
which they are represented; 

(c) That the colonists are not and from their 

local circumstances cannot be represented 
in the House of Commons; and, therefore 

(d) That no taxes can be legally imposed on 

them but by their respective legislatures. 

(2) It sent a remonstrance to the king. 

(3) It sent a memorial to Parliament. 


ENGLISH INTERFERENCE 


55 


It should be borne in mind that the colonists 
were not arguing for representation in Parliament, 
but were contending for the principle that taxation 
without representation was both illegal and unjust. 
That the colonists were loyal to England and willing 
to bear their share of the expenses of the war and 
of the government of the territory acquired from 
France, there is not the slightest doubt; but they 
insisted on the time-honored right of all English¬ 
men of levying their own taxes. England had tried 
for seventy-five years to induce the colonies to unite 
against the French, but without success. The 
French and Indian War, however, had taught the 
colonists confidence in and respect for one another, 
and had proved the value and possibility of united 
action. Now, under the pressure of this common 
danger of “taxation without representation,” which 
seemed to be striking a blow at their very existence, 
the colonies of their own accord united in protest. 

Although Parliament was compelled by the vig¬ 
orous resistance of the colonists, and the warm pro¬ 
tests of British manufacturers whose colonial trade 
was nearly ruined, to repeal the Stamp Act in 1766, 
yet England persisted in her attempt to tax the col¬ 
onists, first by the Bill of 1767, and later by the tax 
on tea alone. The colonists—especially in Massa¬ 
chusetts—zealously refused to be taxed except by 
themselves. England’s conduct during the next few 
years was such as gradually to crush out the feeling 
of loyalty and affection, and finally to drive the 
colonists again to unite to resist her tyranny. 


What 

the 

Colonists 

Con¬ 

tended. 


England’s 
Persist¬ 
ence in 
Taxing 
the 

Colonies. 


56 


THE MARCH OF DEMOCRACY 


Colonial. 


Inter¬ 

colonial. 


COMMITTEES OF CORRESPONDENCE -1772 

In 1772 the king struck another blow at Massa¬ 
chusetts, and indirectly at all the colonies, by order¬ 
ing that thenceforth the salaries of the judges should 
be paid by the crown instead of by the colonial gov¬ 
ernment. As this would virtually make the ju¬ 
diciary the tool of the king, the opposition of the 
colonists to this scheme was prompt and spirited. 
The refusal of Governor Hutchinson to convene the 
General Court to discuss this measure led the Boston 
town meeting, at the suggestion of Samuel Adams, 
to appoint a committee to correspond with the vari¬ 
ous towns of the colony relative to this and other 
violations of colonial rights, and to seek advice as 
to the best way of preserving their liberties. Other 
towns speedily followed Boston in establishing com¬ 
mittees of correspondence, and so well did these 
committees do their work that in a few weeks the 
towns of the old colony were bound together by a 
stronger tie than they had ever before known. 

The success of these committees in awakening the 
towns to the danger threatening them, led, through 
the influence of Virginia, ably seconded by Massa¬ 
chusetts, to the forming of intercolonial committees 
of correspondence in most of the colonies. These 
intercolonial committees served the same purpose 
among the colonies that the town committees served 
among the towns. By this means all the colonies 
were kept informed of what was going on in each 
of the other colonies, and all the colonies were 
brought into closer touch with each other than ever 
before. 


ENGLISH INTERFERENCE 


57 


PROVINCIAL CONGRESS OF MASSACHUSETTS —1774 

Owing to the continued efforts of England to rule 
the colonies arbitrarily, the people of Massachusetts 
organized a Provincial Congress in 1774 with John 
Hancock as president. It met first at Salem, and 
then adjourned to Concord. A committee of safety 
was appointed which was directed to collect mili¬ 
tary stores, organize the militia, and be prepared 
to act on the defensive the moment England should 
attempt to enforce the Regulating Act. This Act 
if enforced would deprive Massachusetts of her 
charter. It also forbade the people of Massachu¬ 
setts to assemble in town meeting except for the 
election of officers, and vested the appointment and 
payment of all officers and judges in the hands of 
the crown. 

FIRST CONTINENTAL CONGRESS —1774 

Colonial relations with the mother country grew 
more and more acute, and, in accordance with a 
request of the Provincial Congress of Massachusetts, 
another assemblage, called the First Continental 
Congress, met at Philadelphia on September 5, 1774. 
The fifty-five delegates present represented all the 
colonies except Georgia. Peyton Randolph of Vir¬ 
ginia was elected president. The Congress took the 
following action, each colony being entitled to one 
vote: 

(1) It issued a Declaration of Rights, in which the 
colonists claimed that, 


The 

Regulating 

Act 


Declara¬ 
tion of 
Rights 


58 


THE MARCH OF DEMOCRACY 


Spirit 
of the 
Colonists. 


Declara¬ 
tion of 
personal 
and of 
national 
Political 
Rights. 


(a) by the laws of nature. 

(b) by the principles of the English constitu¬ 

tion, and 

(c) by the several charters or compacts, they 

were entitled to certain rights, among 
which they named the following: 

(1) The right to life, liberty, and property. 

(2) The right to levy their own taxes. 

(3) The right to make their own laws. 

(4) The right to trial by jury. 

(5) The right to assemble peaceably to 

discuss their grievances, and to peti¬ 
tion for redress. 

(2) It issued addresses to the king and to the people 

of Great Britain and Canada. 

(3) It recommended the suspension of all commer¬ 

cial relations with Great Britain until England 
should redress their grievances. 

(4) It made provision for holding another congress, 

if necessary, at Philadelphia in the following 
May. 

The growing determination of the colonists to 
secure absolute self-government is seen in the fact 
that, while in the Stamp Act Congress they de¬ 
manded the right to levy their own taxes, in the 
First Continental Congress nine years later they 
demanded the right to make their own laws. 

SECOND CONTINENTAL CONGRESS —1775 

During the spring of 1775 England attempted to 
compel the colonies to submit to her authority, 
and, in accordance with the suggestion of the con¬ 
gress held in 1774, another congress, called the 


ENGLISH INTERFERENCE 


59 


Second Continental Congress, convened at Phila¬ 
delphia on May 10, 1775. All the colonies except 
Georgia were represented, and on all questions each 
colony was entitled to one vote. John Hancock of 
Massachusetts was chosen president. Meeting, as 
it did, just after the British attack on the colonists 
at Lexington and Concord, this Congress by common 
consent assumed control of colonial affairs, and, 
with occasional adjournments, continued in session 
until the articles of Confederation went into effect 
in 1781. The following action was taken: 

(1) A final petition was sent to the king. 

(2) The American Continental Army was organized, 

and George Washington was chosen its com¬ 
mander-in-chief. 

(3) Steps were taken to meet the expenses of the 

war by issuing bills of credit in the name of 
“The United Colonies of America.” 

(4) The colonies were urged to organize state gov¬ 

ernments, pending the settlement of their 
difficulties with England. 

(5) A treasury department and a general post-office 

department were established. 

(6) The Declaration of Independence was issued. 

(7) The Articles of Confederation were formulated 

and recommended for adoption. 

THE DECLARATION OF INDEPENDENCE —1776 

Early in 1776 the question of separation from the 
mother country began to be discussed, and on June 
7, 1776, Richard Henry Lee, a delegate from Vir¬ 
ginia, submitted to the Congress a resolution 


Commit¬ 
tee to 
Formulate. 


60 


THE MARCH OF DEMOCRACY 



Signing of the Declaration of Independence 

declaring the independence of the colonies. On 
June 10 the resolution was adopted, and a com¬ 
mittee was appointed to draft a declaration of 
independence consisting of: 

Thomas Jefferson of Virginia, 

John Adams of Massachusetts, 

Benjamin Franklin of Pennsylvania, 

Roger Sherman of Connecticut, and 
Robert R. Livingston of New York. 

The Declaration, prepared by Thomas Jefferson, 
was formally adopted by the Congress on July 4, 
1776, and “The United States of America” took its 
place among the nations of the earth. 

It certainly is not without significance that the 



ENGLISH INTERFERENCE 


61 


bell on Carpenter’s Hall, whose reputed ringing an¬ 
nounced the passage of the Declaration, bore the 
Biblical inscription, “Proclaim liberty throughout 
all the land unto all the inhabitants thereof.” 

The main features of the Declaration are as 
follows: 

(1) A Preamble, or introduction, telling why the 

Declaration is publicly issued. 

(2) A statement of the rights of men, the reasons 

for establishing governments, and the circum¬ 
stances under which changes in government 
are justifiable. 

(3) A statement of the unjust acts of the king. 

(4) A statement of the remonstrances of the colo¬ 

nists thereto. 

(5) The Conclusion, or the Declaration of Colonial 

Independence: 

“We, therefore, the representatives of the 
United States of America . . . do, in the 
name, and by the authority of the good people 
of these colonies, solemnly publish and de¬ 
clare, 

“That these colonies are, and of right ought 
to be, free and independent states; that they 
are absolved from all allegiance to the British 
Crown, and that all political connection be¬ 
tween them and the State of Great Britain 
is, and ought to be, totally dissolved.” 

To the Pupil: 

(1) Memorize the first three sentences of the Declaration. 

(2) Mention the specific act or acts on which each of the 
twenty-seven charges of injustice is based. 

(3) Mention the places where specific reference is made to 
any of the six great rights claimed by English Colonists in 
America. 

(4) Memorize the Conclusion, or Declaration of Colonial 
Independence. 


Main 
Features 
of the 
Declara¬ 
tion. 


Why 

Adopted. 


Prin¬ 

cipal 

Features. 


62 THE MARCH OF DEMOCRACY 

THE ARTICLES OF CONFEDERATION —1781 

At the time of the meeting of the Second Con¬ 
tinental Congress in 1775, the situation was critical, 
and prompt action was necessary. Naturally, Con¬ 
gress took control of affairs and acted for the 
colonies as best it could. While no definite au¬ 
thority had been delegated to it by the colonies, 
the presence of a common danger compelled united 
action, and the colonies looked to Congress to 
act for them. Soon realizing that its power 
was limited to advising measures without power 
to enforce them, Congress appointed a commit¬ 
tee (at the same time that it appointed a com¬ 
mittee to draft the Declaration of Independence) 
to draft “The Articles of Confederation and 
Perpetual Union.” Congress adopted these Articles 
on November 15, 1777, and sent them to the several 
states for approval and ratification, with the under¬ 
standing that they were not to go into operation 
until ratified by every state. The last state ratified 
them March 1, 1781, and they at once went into 
effect. 

The principal features of the articles of Con¬ 
federation were as follows: 

(1) The Confederation was a league of states, each 

state retaining its own sovereignty. 

(2) The legislative department consisted of a Con¬ 

gress of one house, composed of not less than 
two and not more than seven delegates from 
each state, each state paying its own delegates. 


ENGLISH INTERFERENCE 


63 


(3) All questions were to be decided by states, each 

state having one vote, and to all important 
measures the consent of nine states was neces¬ 
sary. 

(4) The executive department was vested in a 

“Committee of the States,” composed of one 
delegate from each state. 

(5) Congress had charge of all war matters, finances, 

Indian affairs, relations with foreign nations, 
and some other matters. 

(6) The Articles could be amended only by the 

unanimous consent of the states. 

While this government was better than no gov¬ 
ernment at all, yet its power was SO 1 little that it 
was really a government in name rather than in 
fact. The chief defects were as follows: 

The great weakness of the Articles was that Con¬ 
gress had no power to compel obedience to its 
decrees. It could levy taxes, but could not collect 
them; it could make laws, but could not compel 
obedience to them; it could make treaties, but could 
not enforce them. “In short, it could declare every¬ 
thing, but could do nothing .” The government 
represented the American states, and not the Ameri¬ 
can people. It “operated upon states, and not upon 
individuals.” When an individual defies the law, 
you can lock him up in jail, or levy an execution 
on his property. The immense force of the com¬ 
munity is arrayed against him, and he is as helpless 
as a straw on the billows of the ocean. He cannot 
raise a militia to protect himself. But when a 
law is defied by a state, it is quite otherwise. “You 


Chief 

Defects. 


Congress 
had no 
Real 
Power. 


64 


THE MARCH OF DEMOCRACY 


Commerce 

Uncon¬ 

trolled. 


Equal 

Power 

of 

States. 


Minority 

too 

Powerful. 


No Exec¬ 
utive 
Head. 


No 

Judiciary. 


cannot put a state in jail, nor seize its goods; you 
can only make war on it.” 

Congress had no power to regulate commerce. 
Trade with foreign nations and between the states 
was wholly in the hands of the individual states. 
This prevented Congress from raising a revenue by 
means of import duties, and allowed each state to 
levy duties in such a manner as to profit at the 
expense of its neighbors. The states without sea¬ 
ports were at the mercy of those possessing good 
harbors. Each state also frequently laid excessive 
taxes on goods brought in from adjoining states. 

As all questions were decided by states, the 
smaller and weaker states were placed upon a level 
with the larger and stronger states. Rhode Island, 
for example, was as powerful in all matters of legis¬ 
lation as the state of Pennsylvania with a popula¬ 
tion more than six times as great. 

The requirement that no measure of importance 
could be passed without the consent of nine states 
gave the minority a vastly greater power in legisla¬ 
tion than it ought to possess. 

The government had no real head. Leaving the 
management of affairs to a “Committee of the 
States” during the time Congress was not in session, 
was simply a confession that the states distrusted 
each other, and were unwilling to trust the executive 
power to a single person. 

There was no judiciary or system of courts for 
securing justice to the states in their relations to 
the general government and to each other. 


ENGLISH INTERFERENCE 


65 


Amendment was possible only by the unanimous 
consent of the states. This requirement enabled a 
single state by its refusal to agree to any change to 
nullify the wishes of the other twelve. 

After the Revolution the Articles of Confedera¬ 
tion appeared more defective than ever, and it was 
generally admitted that as a form of government 
they were totally inadequate. With no power to 
preserve order, to control commerce, to establish a 
uniform currency, or to raise money to pay its 
debts, Congress soon fell into disrepute both at home 
and abroad. Powerless to interfere, Congress wit¬ 
nessed the constant quarreling of the states over 
their boundaries, their incessant strife over com¬ 
mercial affairs, and their ever-growing jealousy of 
each other. Emboldened by the serious differences 
among the states, and by the inability of Congress 
to carry out the terms of the treaty of peace, Eng¬ 
land deliberately refused to comply with all the 
provisions of the treaty of 1783, hoping that the 
states would become so disunited that one by one 
she might be able to secure control of them again. 
In this crisis Congress several times proposed to the 
states the amendment of the Articles, giving Con¬ 
gress power to levy and collect taxes on imports. 
The refusal of one or two of the states each time to 
agree to this plan, however, prevented the amend¬ 
ment, and the government fell into greater con¬ 
tempt than ever. Washington, Hamilton, Madison, 
Franklin, and others had early seen the fatal defects 


Diffi¬ 
culty of 
Amend¬ 
ing. 


Critical 
Condition 
after 
the Revo¬ 
lution. 


66 


THE MARCH OF DEMOCRACY 


Shays’s 

Rebellion 

—1786. 


of the Articles, and they now viewed the condition 
of affairs with alarm, fearing lest a breaking up of 
the government should take place. The seriousness 
with which Washington regarded the situation is 
shown by his reply to a member of Congress who 
urged him to use his influence with the states to 
secure a stronger support of the general government. 
“You talk, my good sir, of employing influence,” 
wrote Washington. “Influence is not government . 
Let us have a government by which our lives, 
liberties, and properties will be secured, or let us 
know the worst at once.” 

The weakness of the government under the 
articles in not being able to establish a uniform 
currency and to regulate trade, was brought home 
by riots in various parts of the country, and par¬ 
ticularly by Shays’s rebellion in Massachusetts. All 
goods bought abroad had to be paid for in gold and 
silver, and as our imports were greatly in excess of 
our exports, hard money rapidly disappeared from 
circulation. Owing to the lack of money people 
were unable to sell their products, pay their taxes, 
or engage in trade. Farms, cattle, and tools were 
seized and sold to pay taxes and mortgages, and in 
many cases people were imprisoned for debt. In 
response to a general demand, and in the hope of 
relieving distress, many states issued paper money. 
When Massachusetts refused to issue such money, 
about two thousand farmers in the vicinity of 
Worcester and Springfield, under the leadership of 
Daniel Shays, a former captain in the Revolution, 


ENGLISH INTERFERENCE 


67 


seized the court houses, refused to allow the courts 
to sit, and thus for several months prevented the 
prosecution of debtors. The insurrection was finally 
put down by the state militia. But these troubles 
clearly revealed another inherent defect in the 
articles, namely, the powerlessness of Congress to 
maintain order. It was readily seen that Congress 
could render a state no assistance if an insurrection 
should become so great that the state militia could 
not quell it. 

This rebellion was one of the chief events lead¬ 
ing to the new Federal Constitution. The con¬ 
servative citizens in every state were greatly alarmed 
when open rebellion developed in Massachusetts 
and officers of the government were not permitted 
to carry on their duties. Many felt that the 
Articles of Confederation had given the people too 
much power and the nation was suffering (as Gerry 
expressed it) from “an excess of democracy.” There 
was a general demand for a central government 
strong enough to carry out the will of the people 
expressed in law. As we shall see, this reaction 
brought a spirit of conservatism into the Constitu¬ 
tional Convention a few months later that had 
great influence in shaping our Constitution. 

Questions 

To the Pupil: 

1. Show how the experiences of older people or how former 
generations have contributed to you ideas that you 
would be long in acquiring if left to yourself. 


68 THE MARCH OF DEMOCRACY 

2. Apply to nations the conclusions reached in the preceding 

question. 

3. What is Feudalism? Why did it work so successfully for 

such a long time? 

4. Why is it unnecessary to take an oath of loyalty when 

you are born in a nation such as ours? 

5. What actions of William the Conqueror would you, with 

your present ideas, consider unjust? 

6. From the experiences following the crusades show why 

a representative government strives to have its citizens 
own their own homes and practice thrift. 

7. Why do property owners have more interest in their gov¬ 

ernment? 

8. After reading of the reign of King John show how the 

kings themselves were really to blame for losing their 
power. 

9. In the reign of which of the kings would you have rather 

lived? Why? 

10. After the crusades the nation and king were always 

greatly in debt. What advantage did this give the 
people? 

11. What was the great importance to us of the organization 

of the House of Commons? 

12. Ask older persons if they know of any instances where 

candidates for office have made promises that were 
carried out no more faithfully than those of Charles I. 
Report what happened to them. 

13. Define Habeas Corpus and tell why this act was so 

urgently desired by the people. 

14. What relation does the action of the Stamp Act Congress 

have to the Six Great Rights? 

15. Inasmuch as modern methods of communication were 

not in existence, what schemes were used to keep the 
colonists informed regarding developments? Show how 
this encouraged the desire for representative govern¬ 
ment. 


ENGLISH INTERFERENCE 


69 


16. Beginning with the Provincial Congress of Massachusetts 

trace the important actions that led to the Declaration 
of Independence. 

17. Prepare a brief biography of at least five of the men 

prominently identified with the Declaration of Inde¬ 
pendence. 

18. Is there any significance in the fact that the Declaration 

of Independence was signed by 24 lawyers, 14 farmers, 
4 physicians, 4 ministers, 1 manufacturer, and 9 mer¬ 
chants ? 

19. Relate the causes or conditions which led to the Articles 

of Confederation. 

20. Give an account of the Articles of Confederation. Why 

was it a failure? 

21. What w^as the significance of Shays’s rebellion? 

22. Support the contention that the colonists needed a new 

type of government. 

Things to Do: 

1. Would you have been happy during the reign of King 

John? Prepare a three-minute talk on why you think 
your government is more satisfactory. 

2. Suppose that you are a rather important member of a 

small community in England and while in London on 
business you have just heard that Queen Mary has 
signed the Bill of Rights. Talk to your neighbors (the 
class) telling just what it is going to mean to them. 

3. Being a colonist suppose that you had received a letter 

from a sympathizer with the King of England denounc¬ 
ing the action of the Stamp Act Congress as unjust and 
unreasonable. Write a letter in reply. 

4. Find one of Patrick Henry’s famous speeches, select and 

memorize a paragraph that appeals to you, and speak 
it before the class. 

5. Write a newspaper editorial for publication during Shays’s 

Rebellion. 


CHAPTER FIVE 


The An¬ 
napolis 
Conven¬ 
tion— 
1786. 


PERIOD OF REALIZATION OF NATIONALITY— 1781-1789 

During this period the internal influences previ¬ 
ously noted compelled the formulation of “a more 
perfect union” in order that the states might pre¬ 
serve in their integrity the rights and liberties 
won by united resistance to England’s oppression. 

In the absence of any central authority to regulate 
foreign commerce, each colony levied whatever im¬ 
port duties it saw fit. The desire of each state to 
gain all it could for itself naturally led to such 
confusion and strife as to cause trade with foreign 
nations rapidly to decline. Then, too, some states 
laid such restrictive duties on the products of other 
states that interstate trade fell off alarmingly. 
Trade relations finally became so bad that, in ac¬ 
cordance with a request of the legislature of Vir¬ 
ginia, a convention of delegates to consider the 
subject of “the trade and commerce of the United 
States” was held in Annapolis, Maryland, in 
September, 1786. The twelve delegates present 
represented but five states—New York, New Jer¬ 
sey, Pennsylvania, Delaware, and Virginia—and no 
action was taken. The convention, however, unani¬ 
mously approved a report drawn up by Alexander 
Hamilton, urging the calling of a convention to 
devise such plans as would “render the Constitution 
70 


REALIZATION OF NATIONALITY 


71 



Alexander Hamilton 

adequate to the exigencies of the Union.” This 
report was sent to all the states and the Congress. 

The situation grew more and more intolerable, and 
early in 1787 Congress recommended the calling of 
a convention to revise the Articles of Confederation. 

The states approved the recommendation of Con¬ 
gress, and appointed delegates as requested. 

The convention met May 14, 1787, at Independ- The 
ence Hall in Philadelphia, and remained in secret ^veii 
session for four months. The delegates present rep- tion 
resented all the states except Rhode Island. George (1787). 




72 THE MARCH OF DEMOCRACY 

Washington of Virginia was unanimously chosen 
President, “and one William Jackson, otherwise un¬ 
known to fame and apparently not a delegate, was 
chosen as Secretary. The debates in this convention 
were held strictly secret, but James Madison every 
night made notes of its proceedings, which were 
published after his death and from which alone we 
derive a fair picture of the measures brought for¬ 
ward, considered, the difficulties surrounding this 
union of the states, and the final adoption of the 
various measures.” 

“It is quite common nowadays to speak of this 
convention as composed of rich men and lawyers, 
the rich men predominating. However, rich men 
in those days did not compare in wealth with the 
rich men of to-day. Of the fifty-five who at one 
time or another sat in the convention there were 
sixteen lawyers, the most eminent in the country 
and in fact in the world at that time. Very few 
lawyers in that day were rich men. The fees of 
the most eminent would not to-day pay office rent 
in any city in the country.” 

“Alexander Hamilton, the leader of the Federalist 
Party and one of the most eminent lawyers of his 
time, was born in the Bermudas, came to New York 
practically penniless, and accumulated no more than 
a small competence although he had at one time the 
largest law practice in New York.” 

“Roger Sherman of Connecticut was apprenticed 
to a shoemaker, studied at the cobbler’s bench, be¬ 
came a surveyor, a merchant, later served as Chief 



Constitutional Convention of 1787 


73 


















74 THE MARCH OF DEMOCRACY 

Justice of his state and United States Senator, a 
poor boy who owed everything to his exertions.” 

“James Wilson, a Scotchman, who was un¬ 
doubtedly the ablest Constitutional lawyer in the 
convention, later a justice of the Supreme Court, 
died prematurely because of his worry over money 
troubles.” 

“Samuel Chase, who later became a Justice of 
the Supreme Court, successfully defended himself 
against an impeachment trial, the first and only 
one that has ever been attempted against a mem¬ 
ber of that body.” 

“The only banker was Robert Morris, who 
largely financed the Revolutionary War, bankrupted 
himself in his devotion to his country, and died 
penniless.” 

“There were a few great landowners in the body 
but very few. Among them was George Mason, who 
owned an estate of twelve thousand acres on the 
Potomac River eight miles below Washington’s 
home, Mount Vernon. In his personal characteris¬ 
tics he was perhaps the greatest aristocrat in the 
body; always dressed in silk with ruffles of the finest 
lace and was in every respect in his personal habits 
an English country gentleman. His home, Gunstun 
Hall, was built of brick imported from Holland and 
was at the time one of the three or four finest houses 
in Virginia. He owned a thousand slaves but was 
opposed to slavery. He wrote the Virginia Bill of 
Rights and fought throughout the convention for 
the rights and privileges of the individual. He re- 


REALIZATION OF NATIONALITY 75 

fused to sign the Constitution, and despite his 
devotion to Washington bitterly opposed its ratifica¬ 
tion in the Virginia Ratification Convention because 
he feared what he thought was the aristocratic 
tendency of the Constitution and too much power 
in the Federal Government. Not even Washing¬ 
ton’s influence could overcome his bitter prejudice 
against anything that savored of aristocratic gov¬ 
ernment. The two Pinckneys of South Carolina 
belonged also to the land-holding class but were 
ardently for a Democratic form of government.” 

“Aside from Washington, Franklin was the most 
conspicuous figure in the Convention, then past 
eighty, physically feeble but with his wonderful in¬ 
tellect unimpaired. He was the most widely known 
man in the colonies. Every one knows his story, 
how he landed in Philadelphia with two pence in 
his pocket, became a publisher in a small way, 
founded a newspaper, became Postmaster General 
of the colonies under the British government, and 
gave them the first real postal service they had ever 
had. He was intensely interested in scientific 
pursuits, corresponding on intimate terms with the 
greatest scientists of his day, and was known 
throughout the civilized world for his scientific 
discoveries. He was sent as our Ambassador to 
France during the Revolution and became the 
fashion in Paris. He was invited everywhere, 
charmed every one with his wit and philosophy, and 
it was undoubtedly owing to him that the French 
aid in money, troops, and ships was granted to the 


Benjamin Franklin 


76 




















































REALIZATION OF NATIONALITY 77 

colonies, which enabled us to win the war. At the 
very close of the Constitutional Convention, when 
the draft of the Constitution had been agreed upon 
and was about to be signed, he made a brief speech. 
On the back of the chair of the presiding officer 
where Washington sat as President was carved a 
representation of the sun and its rays. He said 
that often during their deliberations he had noted 
this carving and wondered whether it portrayed 
the rising or the setting sun; that now at the con¬ 
clusion of their labors he was sure that it was the 
rising sun of a great country—prophetic words. 
When some of the members hesitated to sign be¬ 
cause the document did not in every particular meet 
their views, he told of a French lady whom he had 
known in Paris who once said to her sister, ‘It is 
very strange that I always find every one wrong 
but myself/ and said he had learned in his long 
life that he frequently found himself mistaken in 
things about which he was the most sure, that he 
had come to believe that after all the will of the 
majority was nearly always right. His speech 
brought assent from many who had before refused 
to sign; and throughout the deliberations of the 
Convention his unfailing good humor, that could 
always tranquilize any tumult with a witty remark, 
his unfailing wisdom, his common sense always ex¬ 
ercised at the right moment, made the Constitution 
possible.” 

“Of course the commanding figure was General 
Washington, of whom no satisfactory life history 


78 THE MARCH OF DEMOCRACY 

has ever been written. The years that have passed 
since his death have changed his image and likeness 
into a sort of steel engraving without anything 
human about it. Starting with the ridiculous fable 
of the cherry tree, fabricated by a fiddling, hard- 
drinking Virginia parson, myths have clustered 
about his memory until it is hard to find the real 
Washington. He, too, like nine out of ten of the 
members of the Convention, was self-made. The 
death of his father when he was twelve years old 
compelled him to leave school at the age of sixteen 
and go to work as a surveyor and after that his 
learning was in the rough school of active life. He 
excelled in all athletic sports, was the champion 
broad jumper of Virginia in his youth, and an unex¬ 
celled horseman who knew woodcraft better than he 
knew books. He inherited from his brother the es¬ 
tate of Mount Vernon which he increased till he 
owned about five thousand acres. He was the most 
progressive farmer in Virginia, He noted how the 
growing of tobacco was exhausting the fertile lands 
of Virginia and inaugurated what is known as the 
five-field system, a rotation of crops with clover to 
rest and fertilize the soil, raising tobacco only once in 
five years on each field. He was the first Virginian 
to send a shipload of wheat to France. He was the 
first man in America to recognize the value of the 
mule and to use them on his estate.” 

“During all his cares as General in Chief of the 
American Army and later as President, he exercised 
the closest watchfulness over his estate, directing 


REALIZATION OF NATIONALITY 79 

his overseer what should be grown on each field, how 
many barrels'of herring should be put up and how 
many hogs killed for winter use on his farm. When 
he was elected President, he declined to receive any 
salary as he had declined any salary as General in 
Chief, accepting only his actual expenses. For that 
purpose during his first year as President he kept 
an accurate account of his living expenses, including 
the salary of two secretaries whom he employed. 
There are copies of this account showing every 
penny expended for living expenses, such as food 
and drink, wages, rent—all carried out to the last 
penny. At the end of the year his expenses had 
been about five thousand pounds English money or 
about twenty-five thousand dollars in our currency, 
and it was from this that the salary of our President 
was fixed at twenty-five thousand dollars. By his 
care and thrift he accumulated what at the time of 
his death was the largest fortune in America, valued 
at $700,000, a sum equal at this time to three or four 
millions. So far from being the cold, chilly character 
that we are accustomed to regard, he was intensely 
human, warm-blooded with a violent temper which 
he learned to control, but whose infrequent out¬ 
burst brought abject terror to the objects of his 
anger. Those who knew him best felt a kind of 
idolatry for him that never in the least affected his 
natural simplicity of character. He was the only 
commander of an army that could lose every battle 
and yet win a campaign. Leading armies never 
paid, half clothed, half fed, in the long run he out- 


80 


THE MARCH OF DEMOCRACY 


Different 

Plans 

Pro¬ 

posed. 


generated and defeated the best soldiers and generals 
that Great Britain could bring to the field. No 
other man but Washington could have held an equal 
balance between the rival factions and with the 
unlimited confidence of all classes carry the infant 
Republic through its first years and set it upon that 
course which it has followed with such success. 
With such capable leaders the convention was well 
equipped for its labors.” 1 With the exception of 
Connecticut, all the states represented had recently 
had experience in making new constitutions. Of 
the fifty-five delegates who sat in the convention 
eighteen were then members of the Continental 
Congress, white twenty-five others had previously 
served in that body; eight were signers of the Dec¬ 
laration of Independence; and one had been a 
member of the Albany Convention. All were men 
of character and ability, white many of them had 
rendered such distinguished public service as to 
make their names conspicuous in the annals of 
colonial history. Probably no abler group of men 
ever assembled for so important a duty. 

When the convention met, all were well aware of 
the defects of the Articles of Confederation, but 
differed widely as to the extent of revising them. 
All agreed, however, that the national government 
ought to consist of three departments—a legislature 
(law making), an executive (law enforcing), and a 

1 From “The Story of the Constitution/’ by F. Dumont Smith. 
Courtesy of the Committee on American Citizenship of the 
American Bar Association. 


REALIZATION OF NATIONALITY 


81 


judiciary (law interpreting). Several plans were 
presented for consideration, the most important of 
which were (1) the Virginia Plan and (2) the New 
Jersey Plan. 



George Washington 

An outline of an entirely new constitution, drawn 
up by James Madison and presented by the Vir¬ 
ginia delegates, was known as the Virginia Plan. 
Among other things it proposed the division of 


The 

Virginia 

Plan 



82 


THE MARCH OF DEMOCRACY 


The 

New 

Jersey 

Plan. 


Decision 
to Draft 
a New 
Consti¬ 
tution. 


Three 

Great 

Compro¬ 

mises. 


Congress into two houses—a Senate and a House 
of Representatives—and that representation in each 
house should be based on the wealth or the popula¬ 
tion of the states. The people were to choose the 
members of the House of Representatives, and the 
members of the House were to elect the members of 
the Senate. This plan was favored by the larger 
states. 

In behalf of the smaller states the chairman of the 
New Jersey delegation presented a plan which was 
little more than a mere revision of the Articles of 
Confederation, and which gave all states equal rep¬ 
resentation in Congress. 

Feeling that a mere revision of the articles would 
be worthless, the convention, in spite of the fact 
that it was authorized only to amend the articles, 
finally decided to draft an entirely new form of 
government, and selected the Virginia Plan as the 
basis of its work. The decision to draft a new 
constitution was brought about largely through the 
influence of Washington, who urged the delegates 
not to be content merely to make such changes in 
the Articles as they believed would meet with 
popular favor, but to exert all their energies toward 
drafting a form of government in which they them¬ 
selves would have confidence, even though it might 
not meet the approval of the people. 

The jealousies of the states led to violent and 
stormy disputes, and more than once it seemed as 
though the convention would have to end its labors 
without success. But the wise judgment and un- 


REALIZATION OF NATIONALITY 


83 


impeachable honesty of Washington, the sound 
common sense and ready wit of Franklin, and the 
broad scholarship and able statesmanship of 
Madison, served to hold the convention to its work, 
and to the efforts of these men the formation and 



James Madison 

adoption of the Constitution was largely due. Upon 
three points there was great diversity of opinion, 
and upon each a compromise was necessary before 
agreement was reached. 




84 


THE MARCH OF DEMOCRACY 


In Re¬ 
gard to 
Represen¬ 
tation. 


In Deter¬ 
mining 
Popula¬ 
tion. 


The discussion of the question of representation 
in Congress divided the convention into large states 
and small states—the former desiring representation 
on the basis of population, while the latter con¬ 
tended for equal representation as under the 
Articles of Confederation. Both sides were firm, 
but finally agreed to the suggestion of the Con¬ 
necticut delegates that the states have equal rep¬ 
resentation in the Senate (Const. Art. I, Sect. 3, 
Cl. 1-8), and representation according to population 
in the House of Representatives (Const. Art. I, 
Sect. 2, Cl. 3-5). 

On the question as to whether the slaves should 
be counted as population in determining the num¬ 
ber to be apportioned for each representative in the 
House, the convention was divided into slave states 
and free states. The former wished to have the 
slaves counted in determining representation, but 
not for purposes of taxation. The latter contended 
that the slaves should not be counted for either 
purpose; but that if counted they should be 
reckoned for determining taxation as well as for 
determining representation, since it was the cardinal 
principle of the Revolution that taxation and rep¬ 
resentation are inseparable. Finally, on the sug¬ 
gestion of Madison that the labor of five slaves 
would probably be equal to the labor of three free 
persons, it was agreed that five slaves should be 
reckoned as three free persons, in the apportion¬ 
ment of representatives in the lower branch of Con¬ 
gress and in levying direct taxes. (Const, Art. I, 


REALIZATION OF NATIONALITY 


85 


Sect. 2, Cl. 3.) This agreement virtually made 
each owner of one hundred slaves equal in political 
power to sixty free persons. 

On the question of the control of commerce 
Massachusetts, Connecticut, and New Hampshire 
were arrayed against South Carolina and Georgia. 
As the three New England states wished the 
Federal Government to regulate commerce, and as 
the two southern states felt it necessary to import 
negroes for the exhausting labor of cultivating rice 
and indigo, it was finally agreed that Congress; 
should have absolute control of commerce, both 
foreign and domestic (Const. Art. I, Sect. 8, Cl. 3), 
but that the importation of slaves should not be pro¬ 
hibited prior to the year 1808 (Const. Art. I, Sect. 
9, Cl. 1). It was also agreed that no tax should ever 
be laid on exports (Const. Art. I, Sect. 9, Cl. 5). 

The number of delegates chosen to the Federal 
Convention was sixty-five, but only fifty-five at¬ 
tended. Thirteen left for home before the con¬ 
vention finished its work; three refused to sign the 
report; thirty-nine attached their signatures to the 
complete document. On the seventeenth of October, 
1787, the convention came to an end and reported 
the result of its labors to Congress. Congress re¬ 
ceived the report of the committee and referred the 
proposed Constitution to conventions of the several 
states called for the special purpose of considering 
the new form of government. 

A thorough, earnest, and oftentimes bitter dis¬ 
cussion of the proposed Constitution followed its 


The 

Control of 
Commerce 
and the 
Importa¬ 
tion of 
Slaves. 


The 

Work 

Com¬ 

pleted. 


Ratifi¬ 

cation. 


86 


THE MARCH OF DEMOCRACY 


submission to the states. Probably the greatest 
influence in its behalf was a series of remarkable 
papers, now collectively known as the Federalist, 
written by Hamilton, Madison, and Jay, explaining 



Henry Clay 

and defending the new form of government. The 
requisite number of states having given their ap¬ 
proval by the summer of 1788, the Continental 
Congress declared the Constitution adopted, and 
appointed the first Wednesday in March, 1789, as 










REALIZATION OF NATIONALITY 


87 


the day for the assembling of the first Congress. 
On account of various delays it was not until April 
30 that George Washington was inaugurated the 
first President of the United States of America. 



Daniel Webster 


“The convention had been in session 81 con¬ 
tinuous days. Probably they had consumed,over 
400 hours in debate. If their debates had been 
fully reported, they would probably have filled at 
least fifty volumes, and yet the net result of their 








88 


THE MARCH OF DEMOCRACY 


The 

Adoption 
of the 
Consti¬ 
tution 
Really a 
Revolu¬ 
tion. 


labors consisted of about 4000 words, 89 sentences, 
and about 140 distinct provisions.’’ As the late 
Lord Bryce said, “History knows few instruments 
which in so few words lay down equally momentous 
rules on a vast range of matters of highest im¬ 
portance and complexity.” 

Justice Harlan describes this as “the wisest as¬ 
semblage of public servants that ever convened in 
the history of the world,” and of their accomplish¬ 
ment Gladstone, the great English statesman, said: 
“The American Constitution is the most wonderful 
work ever struck off at a given time by the brain 
and purpose of man.” 

Ratification of the Constitution 

Date of Number of Votes 


States 

Ratifying 

In favor 

Against 

Delaware . 


7, 1787 

All 


Pennsylvania . 


12, 1787 

46 

23 

New Jersey. 


18, 1787 

All 


Georgia .. 

... Jan. 

2, 1788 

All 


Connecticut . 


9, 1788 

128 

40 

Massachusetts . 

... Feb. 

6, 1788 

187 

168 

Maryland . 


28, 1788 

63 

11 

South Carolina . 


23, 1788 

149 

73 

New Hampshire .... 


21, 1788 

57 

46 

Virginia . 


25, 1788 

89 

79 

New York. 

... July 

26, 1788 

30 

27 

North Carolina . 


$1, 1789 

193 

75 

Rhode Island . 

... May 29, 1790 

34 

32 


Article XIII of the Articles of Confederation 
provided that the union created thereby should be 
perpetual, and that no alteration should be made 
at any time without the consent of every state. The 
adoption of the Constitution by nine states was, 
therefore, an act of secession from the union created 
by the Articles of Confederation, and was in effect 















REALIZATION OF NATIONALITY 


89 


a revolution. Though bloodless, it was as truly a 
revolution as was the struggle with England by 
which the colonies gained independence. Changed 
circumstances and conditions demanded new 
methods of government, and as men became more 
intelligent and enlightened in regard to political 
affairs those constitutions and laws which failed to 
meet adequately the needs of the time had to give 
way to other and more progressive forms of govern¬ 
ment which met the approval of the governed. 

THE CONSTITUTION 


The main features of the Constitution are as 
follows: 


(1) A PREAMBLE, or introduction which is really 
the enacting clause, telling why and by whom 
the Constitution is adopted. 


Who 


Why- 


What | 


“We the people of the United States 
in order to 

(1) form a more perfect union, 

(2) establish justice, 

(3) insure domestic tranquillity, 

(4) provide for the common defence, 

(5) promote the general welfare, and 

(6) secure the blessings of liberty to 
ourselves and our posterity, 

do ordain and establish this Constitu¬ 
tion for the United States of America! 1 


(2) THE THREE DEPARTMENTS OF GOV¬ 
ERNMENT. 

The Legislative Department, whose duty 
is to make the laws. This department 
consists of a Congress composed of: 


Main 

Features. 


Legisla¬ 

tive. 



90 


THE MARCH OF DEMOCRACY 


Execu¬ 

tive. 

Judi¬ 

cial. 


A Pecu¬ 
liarity 
of our 
Govern¬ 
ment. 


Perma¬ 
nency 
of the 
Consti¬ 
tution. 


(a) A Senate, which represents the states, and 

in which each state has an equal vote. 

(b) A House of Representatives, which repre¬ 

sents the people, and in which represen¬ 
tation is based on population. 

(c) The Executive Department, consisting of a 

President, whose duty is to enforce the 
laws. 

(d) The Judicial Department, consisting of a 

Supreme Court and inferior courts, whose 
duty is to interpret the laws. 

Our government differs from all other govern¬ 
ments in that the Supreme Court has the power 
to decide whether the laws enacted by Congress or 
the state legislatures are in harmony with the Con¬ 
stitution. A law declared unconstitutional by this 
court becomes inoperative or dead. 

The great Chief Justice of the Supreme Court 
who defined and established its scope was John 
Marshall. In the thirty-five years that he presided 
over its deliberations, he did much for the establish¬ 
ment of the new government by his just and wise 
decisions, which so truly interpreted the Constitu¬ 
tion in the spirit in which it was founded. His 
name holds equal rank with those of Washington, 
Franklin, Madison, Hamilton, and Jefferson in the 
making of the new nation. 

The Constitution is the mere skeleton or frame¬ 
work of our government. The amendments, the 
laws enacted by Congress, the treaties with foreign 
powers, which by the Constitution are a part of the 
supreme law of the land, and the decisions of the 


REALIZATION OF NATIONALITY 


91 


Supreme Court, have served to expand and interpret 
it, and to make it a living organism. The wisdom 
and foresight of the framers of the Constitution are 
seen in the fact that thus far the Constitution has 
remained the fundamental law of the land. 



John Marshall 

Throughout all these years it has proved itself 
“adequate to the exigencies of the Union,” has 
readily adapted itself to the changing conditions of 
our national growth, and has been respected and 
revered by all persons irrespective of party. 





92 


THE MARCH OF DEMOCRACY 


A Group 
of Men 
Famous 
under the 
Consti¬ 
tution. 


The 

North¬ 

west 

Terri¬ 

tory. 


Give a brief sketch of the life, character, and 
public services of each man named. 

James Madison—'The Father of the Constitution.” 

Alexander Hamilton— 1 'The Great Federalist.’ 7 

John Marshall—“The Great Jurist.” 

Thomas Jefferson—“The True Democrat.” 
Daniel Webster—“The Defender of the Constitu¬ 
tion.” 

John C. Calhoun and the Doctrine of Nullification. 

Henry Clay—“The Great Peacemaker.” 
Stephen A. Douglas and the Doctrine of Popular 
Sovereignty. 

Abraham Lincoln—“The Great Emancipator.” 

THE ORDINANCE OF 1787 

Second only in importance to the drawing up of 
the Constitution was the act of the Continental 
Congress in formulating the Ordinance of 1787. In 
consequence of the “sea to sea” and other clauses 
in their charters and grants, the territory lying 
northwest of the Ohio River was claimed by the 
states of Massachusetts, Connecticut, and Virginia, 
while New York also claimed a portion of this 
territory by virtue of treaties with the Indians. At 
the time of the adoption of the Articles of Con¬ 
federation the smaller colonies whose limits were 
quite definitely fixed, felt that the colonies claiming 
this vast territory should surrender all unsettled 
portions of their claims to the general government. 
Maryland, in fact, refused to ratify the Articles 
until these cessions were made. These four states 


REALIZATION OF NATIONALITY 


93 


finally transferred to the government all their in¬ 
terest in this territory covering over three hundred 
thousand square miles. 

The action of the states in ceding to the general 
government all their claims to the northwest terri¬ 
tory was important at the time for two reasons: 

(1) It was thought that this would give the govern¬ 

ment a source of revenue in the sale of land 
to settlers. (Records show, however, the gov¬ 
ernment never realized any revenue in this 
way from this territory.) 

(2) The fact that the northwest territory was the 

property of the national government, and that 
each state thus had an interest in this land, 
was undoubtedly a strong influence in hold¬ 
ing the states together at the time of the 
adoption of the Constitution. 

Although the Congress had no authority to take 
such action, it enacted the now famous ordinance 
of 1787, which has since been a model for the 
government of our territories. This ordinance 
organized a government for the territory bounded 
by the Ohio River, the Mississippi River, and the 
Great Lakes. It provided that whenever a section 
contained sixty thousand people it might be organ¬ 
ized into a state, and that no less than three nor more 
than five states should be formed from the tract. 
Provision was made for civil liberty and free schools, 
and absolute freedom of faith and worship was 
guaranteed. Slavery was prohibited, but it was 
provided that slaves escaping from other states into 


Impor¬ 
tance of 
Cession 
to the 
General 
Govern¬ 
ment. 


Provisions 
of the 
Ordi¬ 
nance. 


94 THE MARCH OF DEMOCRACY 

this territory should be returned to their masters. 
Strange as it may seem, the clause prohibiting 
slavery in this territory received the approval of 
the delegates of every state. 

Questions 

To the Pupil: 

1. Memorize the Preamble, or Enacting Clause, of the 

Constitution. 

2. Mention the places in the Constitution proper or in the 

Amendments where specific reference is made to any 
of the six great rights claimed by the English colonists 
in America. 

3. Under what circumstances was the Constitutional Conven¬ 

tion called? 

4. Why was the Constitution of the United States necessary? 

5. Why did the Constitutional Convention hold secret ses¬ 

sions ? 

6. Discuss some of the prominent men in the convention and 

mention the characteristics of each that you most ad¬ 
mire and that seemed to fit him for his particular part 
in the convention. 

7. Why did the convention abandon the original idea of 

amending the Articles of Confederation? 

8. What questions provoked the most argument? Tell how 

each was settled. 

9. How did the makers improve on the articles of Confedera¬ 

tion? 

10. Why is it necessary to have a written Constitution? 

11. What is remarkable about the fact that the Constitution 

with the exception of the amendments has remained 
unchanged, and even with the amendments consists of 
less than seven thousand words ? Compare this remark¬ 
able record with that of your state constitution. 

12. The Constitution provided “a more perfect union” by 

establishing a Congress consisting of the Senate and 


REALIZATION OF NATIONALITY 


95 


the House of Representatives, its members elected by 
the people. Referring to the six aims set forth in the 
Preamble, give in a similar manner one example of how 
the Constitution provided for each aim. 

13. After studying the outline of the Three Departments of 

Government show how they check and balance. 

14. Consult the Table on the Ratification of the Constitu¬ 

tion and list the states where the vote for ratification 
was close, also those where the vote was unanimous, 
and see if you can account for such action. 

15. Why was the Ordinance of 1787 such an important docu¬ 

ment? 

16. What would have happened if the four states had re¬ 

fused to transfer this territory to the government? 

17. How has the foresight used in preparing this document 

benefitted the states which now comprise this territory? 

Things to Do: 

1. Write a timely newspaper article for publication during 

the period the Constitutional Convention was in session. 

2. Suppose you spent an hour in the Constitutional Conven¬ 

tion and were entitled to tell what happened there. On 
your return give the class the benefit of your im¬ 
pressions. 

3. As a member of the Convention prepare a convincing 

argument for ratification to be used in a state where it 
was doubtful that the state convention would ratify. 

4. Organize the class into a Constitutional Convention elect¬ 

ing George Washington (teacher) as Chairman and 
James Madison (pupil) as Secretary. Appoint a com¬ 
mittee on rules the report of which should be adopted. 
Decide on topics for discussion such as the “Virginia Plan” 
or “term of President”; and using Madison’s “Journal of 
the Constitutional Convention,” assign pupils to repre¬ 
sent real members of the Convention. The chairman 
can limit the debate and economize the time of the 
pupils by making definite page assignments. 


THE MARCH OF DEMOCRACY 


96 

5. In order to explain the Constitution to the people a 

series of papers were written by Hamilton and Madison. 
This collection called the Federalist can be used as 
a basis of group discussion on the Ratification of the 
Constitution. 

6. The “Hall of Fame for Great Americans” was established 

at New York University in 1900. These honored people 
are listed under fifteen headings, and new names are 
added every five years. The requirements to receive 
this honor are interesting. 

(а) Of the men listed with the group of men famous 
under the Constitution seven are now members. Give 
the classification of each and tell why his name was so 
honored. 

(б) Make a list and classify the men mentioned in this 
chapter who have been so honored. 

(c) Why are the men and women who became famous 
recently not elected to membership? Justify this re¬ 
quirement. 



CHAPTER SIX 


A SUMMARY OF THE CONSTITUTION 
THE LEGISLATIVE DEPARTMENT 


Each branch of Congress—the Senate and the 
House of Representatives—has equal power in 
making laws. Congress meets in regular session on 
the first Monday in December in each year. Neither 
senators nor representatives can hold any other 
office under the United States during their terms as 
members of Congress. To prevent the forcible de¬ 
tention of members from attending to their duties, 
members are exempt from arrest in all cases except 
treason, felony, or breach of the peace, during their 
attendance at the sessions of Congress, and in going 
to and returning from the same. To secure ab¬ 
solute freedom of discussion, members cannot else¬ 
where be held to account for anything said in debate 
in Congress. Each house is the sole judge of the 
elections, returns, and qualifications of its own 
members. 

Congress has power: 

(1) To levy and collect taxes, 

(2) To borrow money, 

(3) To regulate commerce, 

(4) To naturalize foreigners, 

(5) To coin money, 

(6) To fix standards of weights and measures, 

97 


Congress. 


Some 
of the 
Powers of 
Congress. 


98 


THE MARCH OF DEMOCRACY 


Some 
of the 
Powers 
Denied to 
Congress. 


Some 
of the 
Powers 
Denied 
to the 
States. 


(7) To establish post-offices, 

(8) To grant copyrights and patents, 

(9) To establish courts inferior to the Supreme 
Court, 

(10) To punish piracy, 

(11) To declare war, 

(12) To raise and maintain an army, 

(13) To provide and maintain a navy, 

(14) To create new states. 

Congress is forbidden: 

(1) To suspend the privilege of the writ of 
habeas corpus 1 in time of peace, 

(2) To pass any bill of attainder, 2 

(3) To pass any ex post facto law, 3 

(4) To levy any tax on articles exported from 
any state, 

(5) To give preference to any state in shipping 
regulations. 

(6) To draw money from the treasury except 
in accordance with law. 

(7) To grant any title of nobility. 

The several states are forbidden: 

(1) To enter into any treaty, alliance, or con¬ 
federation with each other or with any 
foreign power, 

(2) To grant letters of marque and reprisal, 

(3) To coin money, 

(4) To emit bills of credit, 

(5) To make anything but gold and silver coin 
a tender in payment of debts. 

*See pages 52, 168. 

3 See page 169. 

3 See page 169. 


SUMMARY OF THE CONSTITUTION 


99 


(6) To grant any title of nobility, 

(7) To pass any bill of attainder, 

(8) To pass any ex post facto law, 

(9) To pass any law impairing the obligation 
of contracts, 

(10) To levy any tax on exports. 

A bill may be proposed by members of either How 
branch of Congress. It is then referred to some Laws 
one of the various committees for investigation. If, Made 
after due consideration, it is approved by a majority 
of the committee, it is reported to the members for 
action. There are then three ways in which a bill 
may be enacted into a law: 

(1) When passed by both houses of Congress and 

signed by the President. 

(2) When passed by both houses of Congress, vetoed 

by the President, and re-passed by a two- 
thirds vote of each house. 

(3) When passed by both houses of Congress and 

retained by the President ten days (Sundays 
excepted) without being signed by him, pro¬ 
vided Congress still remains in session. 

By this system of checks on legislation the possi¬ 
bility of passing unsatisfactory laws is greatly re¬ 
duced. 

THE SENATE 

The Senate represents the states, and consists of Member- 
two members from each state. Each senator has a ship * 
vote in Congress. Senators are elected directly by 
the people of the various states for terms of six 
years each, and are so classified that the terms of 


100 


THE MARCH OF DEMOCRACY 


Qualifi¬ 

cations. 


Officers. 


Powers. 


only one-third of them expire every two years. This 
classification insures a membership of experienced 
legislators, and has the effect of making the Senate 
a continuous or permanent body. 

The qualifications required of a senator are three: 

(1) He must be at least thirty years of age, 

(2) He must have been for nine years a citizen of 

the United States. 

(3) He must be, when elected, an inhabitant of the 

state from which he is chosen. 

The Vice President is the presiding officer of the 
Senate. He is entitled to a vote only in case of a 
tie. The Senate elects from its own number a 
President pro tempore to preside during the absence 
of the Vice President. The Senate elects all its own 
officers except its President, unless the electoral col¬ 
lege fails to elect, in which case it chooses the Vice 
President 

While the Senate is chiefly a legislative body, it 
also exercises executive and judicial functions. It 
exercises: 

(1) Executive Functions 

(a) In confirming the President’s appointments 

of Cabinet officers, judges, post-masters, 
ministers to foreign powers, etc., and 

(b) In assisting the President in making trea¬ 

ties with foreign powers. 

(2) Judicial Functions 

(a) In judging of the qualifications and elec¬ 

tions of its members, and 

(b) In acting as a court in cases of impeach¬ 

ment. 


**• 1 


SUMMARY OF THE CONSTITUTION 101 

THE HOUSE OF REPRESENTATIVES 

The House of Representatives represents the 
people of the United States, and its members are 
chosen directly by the people of the various states 
every two years. In such elections all are permitted 
to vote who are qualified by state laws to vote for 
members of the lower branch of their state legis¬ 
lature. The right of suffrage is not a natural right, 
but is a gift of the state, and each state bestows 
this privilege on such persons as it deems qualified 
to exercise it, subject to the provisions of the 
Fifteenth Amendment to the Constitution that “the 
right of suffrage shall not be denied or abridged to 
any person on account of race, color, or previous 
condition of servitude/’ and the nineteenth amend¬ 
ment provides that citizens of the United States 
shall not be denied the privilege of voting by the 
United States or by any state on account of sex. 

A member of the House must possess these 
qualifications: 

(1) A representative must be at least twenty-five 

years of age. 

(2) A representative must have been for seven years 

a citizen of the United States. 

(3) A representative must be, when elected, an in¬ 

habitant of that state in which he is chosen. 

The number of members of the House of Rep¬ 
resentatives is determined by Congress. Every ten 
years a census is taken to ascertain the population 
of the country, and as soon as possible thereafter 


How 

Elected. 


Qualifica¬ 

tions. 


Member¬ 

ship. 







| M 





m W& : 



• ' 1 

jy/y ■RvV .:•; 




fry.-:- »: 

Si.- W''"v 

-. Li fi 

\ \ ^ V ? •• -V : ? 

l ip i I 


j ■■::%• ,•■ ■'. ' ii 










tllf f 1 

g|||p^ I 

r * (flUr 




1 

t**. •/ 

fcjjjjff S MiK ..jiyiji 


102 


House of Representatives. 68th Congress 


















SUMMARY OF THE CONSTITUTION 


103 


Congress enacts a law regulating the size of the 
House, dividing the population by this number and 
apportioning the representatives among the various 
states. Each state then divides its territory into 
districts which Congress insists must each be com¬ 
pact, contiguous, and of population nearly equal to 
each of the others which elect a representative. To 
save re-districting, state representatives may be 
elected at large. 1 Every state, however, is entitled 
to one representative, even though its population is 
less than the number required to form a congres¬ 
sional district; otherwise, the people in some of the 
smaller states would not be represented in the lower 
branch of Congress. The forty-eight states have at 
the present time four hundred thirty-five represen¬ 
tatives. Each territory is entitled to one representa¬ 
tive, who enjoys all the rights of members except 
that of voting. 

The Constitution provides that the ratio of rep¬ 
resentation shall not exceed one representative to 
every thirty thousand people. Were the basis of rep¬ 
resentation to-day as it was after the first census, the 
House would consist of over three thousand mem¬ 
bers, a number far too large for the transaction of 
business. To keep the number within reasonable 
limits, the ratio of representation has been changed 
by an apportionment act after each census. The 
present apportionment is on the basis of the 1910 
census. Since taking the 1920 census several un- 

1 “At large” means from the entire state. Every voter in the 
state is entitled to vote for a member at large. 


Ratio of 
Represen¬ 
tation. 


104 


THE MARCH OF DEMOCRACY 


The 

Speaker. 


successful efforts have been made to increase the 
number of members above 435. Objections were 
based on the fact that a larger number would make 
the body unwieldy and cumbersome, and each 
additional member would increase the expense of 
government. 

The following table shows how the ratio of rep¬ 
resentation has changed at each decade, the number 
of population to a representative being given to the 
nearest thousand only. 


Ratio of Representation at Each Decade 


Population 


(to the 


nearest 

Representation 

million ) 

based on 


Constitution 

4,000,000 

First Census 

5,000,000 

Second Census 

7,000,000 

Third Census 

10,000,000 

Fourth Census 

13,000,000 

Fifth Census 

17,000,000 

Sixth Census 

23,000,000 

Seventh Census 

31,000,000 

Eighth Census 

39,000,000 

Ninth Census 

50,000,000 

Tenth Census 

63,000,000 

Eleventh Census 

76,000,000 

Twelfth Census 

92,000,000 

Thirteenth Census 

106,000,000 

Fourteenth Census 


One Number 


Represen- of 
tative to Represen- 


Date 

every 

tatives 

1789 

30,000 

65 

1790 

33,000 

106 

1800 

33,000 

142 

1810 

35,000 

186 

1820 

40,000 

213 

1830 

48,000 

242 

1840 

71,000 

232 

1850 

93,000 

237 

1860 

127,000 

243 

1870 

131,000 

293 

1880 

152,000 

332 

1890 

174,000 

354 

1900 

194,000 

391 

1910 

1920 

212,000 

435 


1 Includes representatives assigned to states admitted to the 
Union after apportionment according to census. 


The House chooses its own officers, the most im¬ 
portant of whom is the presiding officer, called the 
Speaker. The Speaker’s position until a few years 
ago was one of vast influence and power. 

He appointed all the committees to whom all bills 


SUMMARY OF THE CONSTITUTION 105 

were referred for consideration. He thus had it in 
his power to arrange the committees so as to secure 
the approval or disapproval of measures of any 
particular class. 

He still has a considerable influence on the work 
of the House since no member has the right to 
address the House until recognized by the Speaker. 

By recognizing, or refusing to recognize a member, 
the Speaker actually determines what business the 
House considers. 

In a body of 435 members it is necessary that a 
great deal of the business must be done by com¬ 
mittees. There are now nearly sixty of these com¬ 
mittees, the most important being those on rules, 
appropriations, ways and means, interstate and 
foreign commerce, post-offices, military and naval 
affairs, and agriculture. Since 1910 these com¬ 
mittees have been elected by the members according 
to a complicated plan. The majority party controls 
the committees. 

Following the colonial theory that taxes can be Exclusive 
levied only by authority of the people as voiced Powers - 
through their representatives, the Constitution 
provides that all bills for raising revenue must 
originate in the House of Representatives, In 
addition to this power the House also has exclusive 
power in: 

(1) Judging of the qualifications and elections of its 

own members. 

(2) Electing the President in case the electoral col¬ 

lege fails to elect. 


106 


THE MARCH OF DEMOCRACY 


The 

Presi¬ 

dent. 

Qualifica¬ 

tions. 


How 

Elected. 


(3) Impeaching the President, Vice President, and 
all other civil officers of the United States for 
treason, bribery, or other high crimes and 
misdemeanors. 

THE EXECUTIVE DEPARTMENT 

The executive officer of the United States is the 
President. His term of office is four years. 

The qualifications of a President are: 

(1) He must be a native-born citizen of the United 

States. 

(2) He must be at least thirty-five years of age. 

(3) He must have been for fourteen years a resident 

of the United States. 

It is a peculiarity of our form of government that 
we do not vote directly for President, but for electors 
who choose the President. This plan was adopted 
in the belief that the people themselves would not 
make a wise selection. The electors are not legally 
required to vote for a particular person, but they 
are morally bound to vote for the person for whom 
their party elects them to vote. 

On the first Tuesday after the first Monday in 
November of every fourth year the voters of each 
state choose as many presidential electors as it has 
senators and representatives in Congress. The 
whole number of electors from the various states 
now is 531 and constitutes what is called the Elec¬ 
toral College. The electors in each state meet at a 
place designated by the state legislature, usually 
the state capitol, on the second Monday of January 


SUMMARY OF THE CONSTITUTION 


107 



Washington’s Inauguration 

and cast their ballots for President and Vice Presi¬ 
dent. Three certified copies of the result of the 
balloting are made; one is then sent to the President 
of the Senate at Washington by personal messenger; 
a second by registered mail; and the third is filed for 
record with the federal court in the district where 
the electors meet. After this is accomplished the 
“electoral college” has no further legal existence. 
On the second Wednesday in February the returns 
from all the states are opened and counted in the 
presence of Congress; i.e., the Senate and House of 
Representatives jointly assembled. The President 
of the Senate, who is usually the Vice President, is 
the presiding officer. The person receiving a 
majority of the whole number of electoral votes is 
then declared President. In case there is no choice, 
the House of Representatives then chooses the 




108 


THE MARCH OF DEMOCRACY 


Duties. 


Executive 

Powers. 


Legis¬ 

lative 

Powers. 


President. Balloting is then limited to the three 
candidates who have received the highest number 
of electoral votes. The representatives cannot vote 
individually but as a unit, each state having one 
vote. A majority of all the states is necessary for 
a choice. Two Presidents—Thomas Jefferson and 
John Quincy Adams—have been elected by the 
House. If no candidate receives a majority vote by 
March 4, the newly elected Vice President acts as 
President. If no Vice President has a majority of 
the electoral vote, the Senate chooses a Vice Presi¬ 
dent from the two highest candidates. A majority 
vote is also required in this case. 

The President’s oath of office requires him to 
“preserve, protect, and defend the Constitution of 
the United States.” He is invested with large 
powers, which may be roughly classified as follows: 

(а) To see that the laws are faithfully executed. 

(б) To appoint officers, judges, postmasters, min¬ 

isters to foreign powers, etc., subject to the 
approval of the Senate, and in order that he 
may have sufficient power to carry out his 
oath he is made commander-in-chief of the 
army and the navy. 

(c) To grant pardons, except in cases of impeach- 
jnent. 

In addition to the foregoing executive powers, the 
President has certain important legislative powers 
classified as follows: 

(a) To advise Congress as to the state of the Union, 
and to recommend such legislation as he 
thinks proper. 


SUMMARY OF THE CONSTITUTION 109 

( b ) To call extra sessions of Congress when he 

deems it necessary. 

(c) To approve or disapprove laws enacted by Con¬ 

gress. 

( d ) To make treaties with foreign powers, subject 

to the approval of the Senate. 

The Vice President must possess the same quali¬ 
fications as the President, and is elected in the same 
manner. In case the electoral college fails to choose 
a Vice President, the Senate has power to elect. 
The duties of the Vice President are: 

(a) To preside over the Senate. 

( b ) To succeed to the Presidency in case of a va¬ 

cancy in that office. 

The duties of the executive are so many that it is 
impossible for the President personally to attend to 
them all. The executive branch, therefore, is 
divided into ten departments, each having a head 
selected by the President, subject to confirmation 
by the Senate. The heads of these departments 
manage the affairs of their respective departments 
and act as advisers to the President, although he is 
not bound by any law to follow their advice. 
Collectively, they constitute what is called the 
cabinet. These officers in order of creation are as 
follows: 

(1) Secretary of State , who: 

Negotiates treaties. 

Administers foreign affairs. 

Has custody of great documents, treaties, 
and federal laws. 

Keeps and affixes the Great Seal. 


The Vice 
President. 


The 

Cabinet, 



110 


President Coolidge’s Message to Congress 





















SUMMARY OF THE CONSTITUTION 111 

Directs Ambassadors, Ministers, and Con¬ 
suls. 

Issues passports. 

(2) Secretary of Treasury, who directs: 

Finance of the nation. 

Collection, safekeeping, disbursement of rev¬ 
enues. 

Coining and engraving of money. 
Enforcement of Prohibition Law. 
Construction of federal buildings. 

Coast Guard. 

Public Health Service. 

Secret Service. 

National and Federal Land Banks. 

Bureau of the Budget. 

(3) Secretary of War, who directs: 

Personnel and supplies of the army. 
Improvement of rivers, harbors, and canals. 
Defenses of the nation. 

Bureau of Insular Affairs. 

Government of Philippines and Porto Rico. 
Military Academy at West Point. 

(4) Attorney General, who is: 

Government lawyer. 

Legal adviser of the President and Federal 
Officers. 

Government Prosecutor. 

(5) Postmaster General , who directs: 

Postal Service. 

Parcel Post. 

Postal Savings System. 

Money order transmission. 

(6) Secretary of Navy, who directs: 

Material and personnel of the navy. 
Construction, armament, and employment 
of vessels of war. 


112 THE MARCH OF DEMOCRACY 

Protection of American property abroad. 
Aircraft Service. 

Navy yards, docks, naval Training Stations. 
Marine Corps. 

(7) Secretary of Interior, who directs: 

National Parks. 

Public Lands. 

Pensions of Soldiers. 

Indian Affairs. 

Patent Office. 

Bureau of Mines. 

Reclamation Service. 

Bureau of Education. 

Alaska Railroad. 

Geological Survey. 

(8) Secretary of Agriculture, who directs: 

Collection and distribution of information 
valuable to the agricultural interests. 
National Highway Construction. 

Forest Service. 

Weather Bureau. 

Enforcement of Pure Food and Drugs Act. 

(9) Secretary of Commerce, who directs: 

Our commercial interests. 

Census Bureau. 

Foreign and Domestic Commerce. 

Bureau of Standards. 

(10) Secretary of Labor, who directs: 

Welfare of wage earners. 

Immigration and Naturalization. 
Enforcement of Immigration Laws. 
Americanization of Immigrants. 

Children’s and Woman’s Bureau. 

Welfare of children and working women. 
Mediation in labor troubles and disputes. 


SUMMARY OF THE CONSTITUTION 


113 


PRESIDENTIAL SUCCESSION 

The Constitution (Art. II, Sect. 1, Cl. 6) provides 
that in case of the removal, death, resignation, or 
inability of the President to perform the duties of 
his office, the Vice President shall succeed to the 
Presidency. By the same clause Congress is em¬ 
powered to determine by law what officer shall 
perform the duties of the Presidency in case of the 
removal, death, resignation, or inability of both the 
President and the Vice President. 

In 1791 Congress enacted a law providing that 
the succession should devolve first upon the Presi¬ 
dent pro tempore of the Senate, and secondly upon 
the Speaker of the House. 

The above law was repealed in 1886 and a new 
one enacted which provides that the succession shall 
devolve upon the members of the Cabinet in the 
following order, provided each can comply with the 
constitutional qualifications demanded of the 
President: (1) Secretary of State, (2) Secretary 
of the Treasury, (3) Secretary of War, (4) Attorney 
General, (5) Postmaster General, (6) Secretary of 
the Navy, (7) Secretary of the Interior. The law 
further provides that the person thus succeeding to 
the Presidency shall hold that office only until the 
disability of the President shall be removed or a 
new President shall be elected. On taking office 
the Acting President must, if Congress is not in 
session or is not to convene within twenty days, at 
once call Congress together in extraordinary session. 


When 

operative. 


Order of 
succession. 


114 


THE MARCH OF DEMOCRACY 


The order of succession was established by an 
act of Congress in 1886 and no mention was made 
of Secretaries of Agriculture, Commerce, and Labor, 
whose departments had not been organized at that 
time. 


Questions 

To the Pupil: 

1. Name and give the function of the branches of government 

which have a voice in making our laws. 

2. What special privileges are permitted congressmen which 

other citizens do not enjoy? Give reasons for such 
discrimination. 

3. What would be the effect of giving Congress unlimited 

power ? 

4. Tell how any of the powers granted Congress have been 

exercised during the last few years. 

5. From the list of powers granted to Congress select one 

and show how it has been and can continue to be the 
basis of legislation that “promotes the general welfare/' 

6. From the list of powers forbidden Congress show how re¬ 

moving the restrictions might affect “the general welfare.” 

7. Show how granting states the powers denied them would 

affect the United States. 

8. Tell the process by which a bill becomes a law. 

9. Sometimes a single committee has over one thousand bills 

referred to it for consideration. How does this affect 
legislation? 

10. What are the advantages of a bicameral or two-body 

legislature? 

11. The makers of the Constitution planned to have the 

Senate composed of older, more experienced, and better 
trained men than those in the House. What provisions 
are made in an effort to realize this aim? 

12. Justify the requirement that all bills for raising money 

originate in the House of Representatives. 


SUMMARY OF THE CONSTITUTION 


115 


13. How many representatives can a state have? 

14. How many representatives has your state? Name the one 

from your district. Name the states that have only 
one representative. 

15. Name and give the political career of the senators from 

your state. 

16. State three powers vested exclusively in Congress. 

17. Members of Congress receive many letters and telegrams 

urging them to vote for or against certain bills. Should 
a member vote according to his own feelings or accord¬ 
ing to the desires of the people? 

18. What is the distinct purpose of the House of Representa¬ 

tives ? 

19. Discuss the speaker of the House and the Committee Sys¬ 

tem, naming the present speaker and mentioning his 
political party. 

20. What persons are eligible to become candidates for the 

Presidency? 

21. Give the process of election of a President and a Vice 

President. 

22. Why are the qualifications of a President and Vice Presi¬ 

dent the same? 

23. How does the present method of electing a President differ 

from the original plan? 

24. Classify and give the powers of a President. 

25. President Harding was the first President to invite a 

Vice President to meetings of the cabinet. Defend 
his action. 

26. Name five distinguished Senators. Five distinguished mem¬ 

bers of the House of Representatives. Name the present 
women members of the Senate or the House. 

27. What are reasons for the existence of the Cabinet? 

28. Name the present Cabinet officers. 

29. On the night that President Lincoln was assassinated an 

effort was made to assassinate the Vice President, the 
Secretary of State, and the Secretary of War. If all had 
been assassinated, what officer would have taken the 
oath of office as President? 


116 THE MARCH OF DEMOCRACY 

Things to Do: 

1. Find and bring to class for discussion any newspaper or 

magazine articles that refer to Congress exercising any 
of its powers. 

2. Prepare a five-minute paper or talk on any one of the 

bureaus of the executive department at work. Refer 
to Haskin’s “American Government.” 

3. Using Bryce’s “American Commonwealth/’ prepare a re¬ 

port on the Senate or the House or the Election of Presi¬ 
dent or why great men are not chosen for President. 

4. Referring to the table on ratio of representation by decades, 

find: (a) which ten-year period shows the largest 
growth in population; (6) the least growth in popula¬ 
tion; (c) in which period was the greatest number of 
people represented by one representative; (d) approx¬ 
imately how many times larger is the basis of repre¬ 
sentation to-day than in 1789; (e) how many times 
larger is the population during the same period; (/) and 
try to account for any periods of extraordinary increases. 

5. Debate— Resolved, That the method of electing our Pres¬ 

ident should be changed. 

6. Make a table similar to the following and fill in the in¬ 

formation required to complete it. 



Executive 

Senate 

House 





T) n0 ic "D onroGonf nfinri 




JD&S1S 01 XvOpi tJbOilbablUll . . 
















Title of Presiding Officer. 







\d) mow no io bcicttcu. • • 


























CHAPTER SEVEN 


THE JUDICIAL DEPARTMENT 

The Supreme Court was established by the Con¬ 
stitution, and its decision in all cases is final. It 
consists of one chief justice and eight associate 
justices who are appointed by the President for 
life or during good behavior. 

The real function of the Supreme Court is to in¬ 
terpret the laws. In general, the cases over which 
the Federal Courts have jurisdiction or the legal 
right to hear and decide are listed in Section 2 of 
Article III of the Constitution. 

The Supreme Court has “original jurisdiction”; 
i.e., the right to hear and determine a case in the 
first instance only when the cases are between states 
and those in which ambassadors, other public min¬ 
isters, and consuls are parties. Most of the work, 
however, is in hearing cases which originate in and 
are appealed from the inferior courts. 

The Supreme Court, contrary to the common be¬ 
lief, does not have full power to nullify laws pre¬ 
sumed to be unconstitutional. It can act only when 
the issue is submitted in a “case” where definite 
questions are asked disclosing a tangible infringe¬ 
ment of the Constitution. 

If we consider the procedure in a Supreme Court 
case briefly, we find that, after arguing a case, the 
117 


The 

Supreme 

Court. 


118 THE MARCH OF DEMOCRACY 

United States attorney-general or his representative 
presents a brief to the court to support his conten¬ 
tions that the law in question is in accordance with 
the Constitution. The attorneys maintaining that 
the law is unconstitutional after their argument also 
present a brief to support their contentions. These 
briefs may be studied by each justice or assigned to 
a justice who makes a study of the contentions of 
both sides and also determines whether any previous 
similar judicial decisions are applicable. When the 
examination of the case is completed, a conference 
of the judges is held. If the court is unanimous, the 
Chief Justice then assigns one member to prepare 
“the opinion of the court,” which is again submitted 
for criticism to the other judges, and when satisfac¬ 
tory to the majority of the court, it is adopted as the 
''judgment of the court” before being officially pub¬ 
lished. If one justice agrees with the decision yet 
does not agree with the line of reasoning used in de¬ 
termining the judgment of the court, he may prepare 
what is termed a "concurring opinion.” If the court 
is divided, the minority may file what is termed a 
"dissenting opinion.” Whenever the American peo¬ 
ple seriously dislike a decision of the Supreme Court, 
they have recourse to a remedy in the form of an 
amendment to the Constitution. As a result of the 
decision in the case of Chisholm vs. Georgia, the 
Eleventh Amendment was added to the Constitu¬ 
tion, and the Sixteenth Amendment virtually set 
aside a decision in Pollock vs. Farmers Loan declar¬ 
ing the Income Tax of 1894 unconstitutional. 


THE JUDICIAL DEPARTMENT 


119 


The Constitution gives Congress power to create 
courts inferior to the Supreme Court. The principal 
inferior courts established by Congress are: 

(1) Circuit Courts of Appeals. The country is 
divided into nine circuits, and a court called a 
Circuit Court established in each, with a Supreme 
Court Justice assigned to each, assisted by other 
judges specially appointed as judges of the Circuit 
Courts. These Circuit Courts were organized to 
relieve the Supreme Court, especially to hear cases 
appealed from lower courts. 

(2) District Courts. Each circuit is subdivided 
into districts, and a court called a District Court 1 or 
trial court established in each. There are at present 
over eighty district courts and approximately one 
hundred and seventeen district judges. 

(3) Court of Claims. There is also another court, 
called the Court of Claims, which is entirely in¬ 
dependent of the courts just mentioned. The 
United States being a sovereign power cannot be 
sued, and this court is established for the purpose 
of hearing cases arising on account of salaries, pay¬ 
ment for supplies, and listening to the claims against 
the United States of persons whose property has 

1 The civil jurisdiction in this court, the lowest of all Federal 
Courts, relates chiefly to admiralty and maritime cases, cases 
of bankruptcy, those arising under statutes and treaties, between 
citizens of different states or citizens of a foreign state where the 
sum or value exceeds $3,000, all crimes or offenses recognized by 
the federal laws except those punishable by death, postal cases, 
suits arising under patent, copyright or trademark laws, suits 
against trusts and monopolies, and those brought by any person 
to redress the deprivation of any right, privilege, or immunity 
secured by the Federal Constitution or laws. 


Inferior 

Courts. 


120 


THE MARCH OF DEMOCRACY 


Two 

Methods. 


been seized and used by the government. The 
Court of Claims reports the result of its investiga¬ 
tions to Congress. Congress then makes such res¬ 
titution to the claimants as it deems best. 

(4) Court of Customs Appeals. This court has 
jurisdiction over claims against the government 
arising from the administration of the tariff and 
customs laws. 

(5) Territorial and District of Columbia Courts. 
There is a Supreme Court of the District of 
Columbia, and Supreme District courts are organized 
in each Territory. 

AMENDMENT OF THE CONSTITUTION 

Realizing that the requirement of the unanimous 
consent of the states to amend the Articles of Con¬ 
federation practically made their amendment im¬ 
possible, and feeling that as the nation grew it might 
be desirable to make some changes in the Con¬ 
stitution, the framers of the Constitution made 
provision for such changes as follows: 

(1) Proposed amendments, approved by a two- 

thirds vote of both houses of Congress, are 
sent to the state legislatures or to state con¬ 
ventions for consideration. If ratified by 
three-fourths of the states, the amendments 
then become part of the Constitution. 

(2) When requested by two-thirds of the state legis¬ 

latures, Congress is obliged to call a national 
convention for proposing amendments. If 
the amendments proposed are ratified by 


THE JUDICIAL DEPARTMENT 121 

three-fourths of the states, they become part 
of the Constitution. 

Up to the present time all amendments to the 
Constitution have been made by the first method. 

Without doubt it was the intention of the 
framers of the Constitution to devise a plan by 
which the Constitution could be amended with 
reasonable ease. As a matter of fact, however, the 
methods provided are very cumbersome in opera¬ 
tion, and of the great number of amendments 
(nearly two thousand in all) that have been pro¬ 
posed at various times, only nineteen have been 
adopted. While, in theory, the Constitution means 
exactly the same as it did when adopted, and there¬ 
fore should be interpreted according to the condi¬ 
tions existing at the time of adoption; yet, in 
practice, it has become customary to interpret it in 
the light of present needs. Thus, change by inter¬ 
pretation, rather than by amendment, is, and 
probably will always remain, the chief method by 
which modifications are brought about. 

Of the nineteen Amendments which have been 
added to the Constitution since its adoption, the 
first ten—frequently called a Bill of Rights—were 
adopted in the early part of Washington’s adminis¬ 
tration in consequence of a widespread feeling that 
certain rights belonging to individuals were not 
clearly defined in the Constitution as originally 
adopted. The eleventh, providing for certain 
limitations of judicial power, was also adopted in 


Amend¬ 
ment by 
Interpre¬ 
tation. 


The 

Nineteen 

Amend¬ 

ments. 


122 THE MARCH OF DEMOCRACY 

Washington’s administration. The twelfth, chang¬ 
ing the method of electing the President and the 
Vice President, was adopted in Jefferson’s adminis¬ 
tration. In sixty one years from 1804 to 1865, not a 
single amendment was adopted. The thirteenth, 
adopted in Johnson’s administration, abolished 
slavery. The fourteenth, also adopted in Johnson’s 
administration, gave the freedmen the right of 
citizenship, and provided for several contingencies 
growing out of the Civil War. The fifteenth, 
adopted in Grant’s administration, forbade the 
denial or abridgment of the right of suffrage to any 
citizen on account of race, color, or previous condi¬ 
tion of servitude. In five years, 1865 to 1870, the 
three last mentioned amendments were ratified. 
After an interval of forty-three years with no 
amendments to the Constitution the sixteenth was 
adopted in Taft’s administration which gave Con¬ 
gress the power to levy and collect taxes on incomes. 
The seventeenth, also adopted in Taft’s adminis¬ 
tration, provided for the election of senators by the 
people. The eighteenth amendment prohibited the 
manufacture, sale, transportation, importation, and 
exportation of intoxicating liquors, while the nine¬ 
teenth, better known as the “Woman Suffrage 
Amendment,” granted women the right to vote. 
Both the eighteenth and nineteenth amendments 
were adopted during the administration of Presi¬ 
dent Wilson. Authorities have been led to term 
the Constitution a formidable apparatus for the 
prevention of sudden change. 


THE JUDICIAL DEPARTMENT 


123 


Questions 

To the Pupil: 

1. What is the function of the Supreme Court? 

2. How are federal judges selected and how long do they 

serve ? 

3. Name and give the jurisdiction of the inferior courts. 

4. What federal court sits in your section of the state? 

What cases does it try? 

5. Show what control Congress or the President has over the 

Supreme Court. Why? 

6. Name the judges of the Supreme Court. 

7. Explain the methods of amending our Constitution. 

8. Summarize the amendments to the Constitution by groups. 

9. What was the longest period of time the Constitution 

went without being amended? Give the amendments 
due to social reforms. 

10. If any amendments are awaiting ratification of the states, 

discuss the need for such amendments. 

11. Justify our present system of ratification by which the 

state with the largest population has no more power 
than the state with the smallest population. 

12. Discuss the fact that when President Washington in 1793 

sought an opinion of the Supreme Court on certain 
points regarding a treaty with France it declined to 
answer, holding that it could give decisions only when a 
case was brought before the court. 

13. What are the reasons for the Supreme Court deciding 

‘legal” controversies and refusing to consider “political” 
controversies ? 

14. Some people advocate a “recall” of judges. Give the 

dangers of such a move. 

15. What would be the result if we elected our judges by 

popular vote? 

16. The Judges of the Supreme Court wear black gowns 

while on the bench and are the only public officials 
who wear an official dress. Why are we so opposed 


124 


THE MARCH OF DEMOCRACY 


to official ceremony and dress? Why is it considered 
proper here? 

Things to Do: 

1. List for discussion and give reasons for any amendments 

you think should be added to the Constitution. 

2. An amendment to the Constitution has several times been 

suggested in Congress providing that if the Supreme 
Court declared an act of Congress unconstitutional and 
the same act is again passed by Congress by a two- 
thirds vote, it shall become Constitutional. Prepare an 
argument for or against such action. 

3. Appoint a committee to draw up a list of ten or more 

questions of interest regarding the Supreme Court and 
amending the Constitution. Post the list for members 
of the class. At a stated recitation place each question 
on a numbered slip of paper. Draw slips. Each mem¬ 
ber should be prepared as the number of his slip is 
called to give a three- or five-minute talk on the subject 
indicated, or he should be able to talk extemporaneously 
on any of the topics selected by chance. 


CHAPTER EIGHT 


THE UNWRITTEN CONSTITUTION 

The Constitution, with the exception of a few 
amendments, has remained the same outwardly and 
withstood the test in this age of changing govern¬ 
ments and conditions without destructive alteration. 

This remarkable record is due largely to the fore¬ 
sight with which the Constitution was drafted, its 
brevity, the conservatism the document promoted 
among the people, and the use of general terms 
flexible in application. A single clause of little value 
in itself but far reaching in importance has given 
an opportunity to develop powers not mentioned or 
even anticipated when the Constitution was framed. 
Many regard this elastic clause as one of the most 
important if not the most important clause in the 
whole Constitution, because it has been largely the 
basis of the development of our unwritten Constitu¬ 
tion when applied to different clauses in the Consti¬ 
tution to make them fit present conditions. 

When it is possible to apply the words “necessary 
and proper for carrying into execution” to the 
limited powers set forth in the Constitution, the 
government can frequently act in ways that would 
not seem warranted by the strict interpretation of 
the document. John Marshall was called “the 
second maker of the Constitution.” When he be- 
125 


126 


THE MARCH OF DEMOCRACY 


Expan¬ 
sion by 
Court 
Interpre¬ 
tation. 


came Chief Justice only two decisions on Constitu¬ 
tional law had been pronounced by the Court. 
During his thirty-four years of service fifty-one 
decisions were handed down. Bryce said, “His work 
of building up and working out the Constitution 
was accomplished not so much by the decisions he 
gave as by the judgment in which he expounded 
the principles of these decisions, judgments which 
for their philosophical breadth, the luminous ex¬ 
actness of their reasoning, and the fine political sense 
which pervades them, have never been surpassed 
and rarely equaled by the famous jurists of modern 
Europe, or of ancient Rome.” 

The general common sense and clarifying opinions 
of Marshall and his associates and successors have 
determined a policy that makes possible legislation 
to meet our changing needs without disturbing the 
original form of the Constitution. 

In this manner the unwritten Constitution has 
become largely the basis for our government with 
the framework of limited powers in the background 
to safeguard the fundamental principles of our 
democracy. 

The meaning of the Constitution rests on judicial 
interpretation and the construction of law, although 
the obvious way of changing it is by amendment. 

Laws passed by Congress, by state legislatures, 
acts of executive officers, consolidated public opinion 
voiced in law, are all subject to challenge as to 
constitutionality, and a test case finds its way into 
the Supreme Court. 


THE UNWRITTEN CONSTITUTION 127 

The burden of proof in a “case” must come from 
those who assert the existence of a right. It is 
necessary to show the court where the Constitution 
grants an asserted right, either in an expressed 
power or in an implied power. 

If nothing directly or indirectly confers it, the law 
is null and void. Unless the proposition is raised in 
the trial of the cause and its presentation to the 
court, a court is loath to raise the point itself in the 
first instance. It is also the custom of the court to 
pass the Constitutional question if the case may be 
disposed of by the decision of other questions. 
When forced to do so, however, the Supreme Court 
decides whether an asserted right is in harmony or 
conflicts with the Constitution. 

Two basic principles have been laid down for 
liberal interpretation: 

1. “Every power alleged to be vested in the 
National government or any organ thereof must be 
affirmatively shown to have been granted.” 

2. “When once the grant of power by the people 
to the National government has been established 
that power will be construed broadly.” 

When it has once been shown after due search 
of the Constitution that there is definite authority to 
grant a power it may be applied in a liberal way. 
For instance, the Constitution states that Congress 
has the power to regulate commerce. Under an 
early decision the Supreme Court ruled that Com¬ 
merce included traffic, trade, navigation, communi¬ 
cation, the transit of persons and the transmission 


128 THE MARCH OF DEMOCRACY 

of messages—indeed every species of commercial 
intercourse. 

Guided by this ruling Congress passed the Inter¬ 
state Commerce Law which has been frequently 
amended until it includes railway and steamship 
lines, express companies, telegraph, telephone and 
wireless transmission of messages, brought under 
control of the Interstate Commerce Commission 
which regulates rates and has the authority to 
regulate the business practices of those engaged in 
interstate commerce. 

Congress has enacted other laws requiring safety 
devices on railroads, federal employers’ liability, 
limiting the hours of continuous service for train 
crews, even creating a Railroad Labor Board to 
settle disputes with respect to wages of employees 
and working conditions. 

This very clearly shows that when once power is 
granted the strictness of the initial step permits 
liberality in application. 

Other nations are amazed at the ease with which 
public opinion is interpreted in the decisions of the 
Supreme Court. In 1803 public opinion sanctioned 
the purchase of Louisiana. President Jefferson felt 
uneasy about the constitutionality of his act when 
he negotiated and completed the purchase, although 
he acquiesced in Albert Gallatin’s justification of 
it as an exercise of treaty-making power. Jefferson 
felt that every power should be specifically stated 
in the Constitution and desired an amendment to 
validate his act. Congress and the people as well 


THE UNWRITTEN CONSTITUTION 


129 


felt otherwise about it, and signified that approval 
of the legislatures were sufficient since Congress was 
authorized to “provide for the common defense and 
general welfare of the United States.” Later this 
act rather than any specific provision in the Con¬ 
stitution served as a justification for our subsequent 
additions of territory. 

In 1798 the people generally disapproved the 
Alien and Sedition Acts, and this disapproval has 
prevented any similar legislation. 

We could enumerate other cases in which the 
importance of interpretation depends on what the 
majority regard as necessary to the general welfare 
of the people. On the courts then rests the re¬ 
sponsibility of searching for the power that permits 
general public opinion to be voiced in the law. 

We have seen that our government has fre¬ 
quently had to act in ways that do not seem war¬ 
ranted by a strict interpretation of the Constitution. 
In such cases the doctrine of implied powers has 
been used in justification. 

In 1791 Alexander Hamilton urged his friends to 
charter a Bank of the United States to handle funds 
of the government. Congress had not been given 
the power to create a corporation; in fact the right 
to that particular power had been defeated in the 
Philadelphia Convention. Hamilton argued that 
the implied power was given under the “necessary 
and proper” clause. He maintained that “necessary” 
meant “suitable,” thus starting a controversy which 
ended in the courts generally agreeing that the word 


Implied 

Powers. 


130 THE MARCH OF DEMOCRACY 

“necessary” be interpreted as meaning “convenient.” 
After some debate and delay Washington signed the 
bill making that particular phrase the true basis 
for the growth of the doctrine of implied powers. 

Out of this doctrine has grown a perfect maze of 
interpretations and decisions extending to practi¬ 
cally every clause and amendment. Consulting an 
annotated edition of the Constitution, you will be 
surprised at what has befallen the simple language 
of the Constitution as it has gone through the 
process of application to our growing needs. 

Financial legislation involving various modes of 
taxation, creating a system of custom houses, 
revenue cutters, and tariff for protection of our 
industries have been the outgrowth of implied 
powers. Interstate commerce regulations, regula¬ 
tion of railroad rates, power to control immigration 
expected by the “makers” to be unrestricted, the 
control of navigation, construction of public works, 
and many rights not enumerated are regarded to¬ 
day as absolutely essential to the common good 
and general welfare of our citizens. 

Court decisions which narrow the limits of state 
jurisdiction tend to widen the authority of the 
Federal Constitution, and the whole process of gov¬ 
ernment becomes more complicated as the courts 
which have the responsibility of “liberal interpreta¬ 
tion” grant powers demanded by the trend of the 
times. 

The Constitution is so elastic that there is almost 
no limit to the extension of the powers of the 


THE UNWRITTEN CONSTITUTION 


131 


Federal Government by means of judicial interpre¬ 
tation. The only thing necessary is to have suffi¬ 
cient justification and a national public opinion 
which favors extension. Congress to-day is given 
powers little dreamed of by the makers of the 
Constitution. The Department of Agriculture alone 
includes bureaus such as weather, animal husbandry, 
plant industry, chemistry, soils, crop estimates, and 
markets—justified by demands made by the people. 

The wonderful progress made since the Constitu¬ 
tional Convention and the unforeseen changes met 
by the extension of implied powers leads us to 
wonder what changes will occur when extended into 
the future for an equal period of time. 

In discussing implied powers the conclusion 
might be drawn that there is no limitation on the 
extension or interpretation of the Constitution. 

This is not true primarily because our federal 
courts according to policy are composed of judges 
appointed for their special fitness and conservative 
tendencies rather than their political affiliation. 
Federal judges are independent because they are ap¬ 
pointed for life or good behavior, but subject to 
removal by impeachment, and are also bound by 
their respect for the power of public opinion. 

Alexander Hamilton in the Federalist discussed 
the relative powers of the three departments of our 
government. “The Executive not only dispenses 
the honors,” he said, “but holds the sword of the 
community. The Legislature not only commands 
the purse, but prescribes the rules by which the 


Restrain¬ 
ing the 
Power 
of Inter¬ 
pretation. 


132 THE MARCH OF DEMOCRACY 

duties and rights of every citizen are to be regulated. 
The Judiciary, on the contrary, has no influence 
over either the sword or the purse—and can take no 
active resolution whatever. It may truly be said 
to have neither force nor will but merely judgment. 
This simple view of the matter suggests several im¬ 
portant consequences—it proves incontestably that 
the judiciary is beyond comparison the weakest of 
the three departments of power, that it can never 
attack with success either of the others, and that 
all possible care is requisite to enable it to defend 
itself against their attacks;” 

It can easily be seen that the judiciary will not be 
able to dominate other departments of government 
and naturally depends on the will of the people for 
its moral support. 

Back of the entire government is the power of 
public opinion. It operates constructively in the 
following manner. Private organizations carry on 
a certain line of work with the result that public 
opinion insists that it meets a state need. It is then 
taken over by a single state, afterward by other 
states until public opinion demands that the 
national government enact a law to assume the en¬ 
terprise. A test case may be made and the Supreme 
Court, noting the trend of public opinion, searches 
for power to take over the enterprise and is usually 
successful if the facts in the case warrant it. The 
application of the Doctrine of Public Policy receives 
serious consideration in every case and is just as 
effective in restraining the court as in encouraging 


THE UNWRITTEN CONSTITUTION 


133 


broader interpretation. There is no doubt that in 
America public opinion will have a restraining influ¬ 
ence and continue to hold the balance of power. 

The whole scheme is much better in a democracy 
than a fixed constitution because its very elasticity 
enables the people to secure changes impossible 
under a more complicated system. Judge Cooley 
says in part: “We may think that we have the 
Constitution all before us; but for practical pur¬ 
poses the Constitution is that which the govern¬ 
ment, in its several departments, and the people in 
the performance of their duties as citizens recognize 
and respect as such.” 

The Constitution is very definite in delegating 
some powers. We may wonder how other seem¬ 
ingly important powers were entirely omitted. In 
some cases this was intentional because the Conven¬ 
tion could not agree on certain propositions and 
thought it best to omit rather than specify some that 
might develop serious controversy. 

There are some features of our government that 
are neither in the Constitution nor upon any 
statute but rest entirely on custom. 

The presidential electors by custom vote as 
pledged by their political party rather than exercise 
the discretion granted by the Constitution. 

The President is not reelected more than once 
because of custom. 

The Senate usually approves the cabinet officers 
appointed by the President regardless of its right 
to refuse confirmation. 


Develop¬ 
ment by 
Custom. 


134 THE MARCH OF DEMOCRACY 

Custom requires a member of Congress to be a 
resident of the district from which he is chosen 
although no federal enactment covers the case. 

The right of a state to secede from the Union is 
no longer claimed. 

The cabinet as a collective body is not mentioned 
in the Constitution nor by an Act of Congress. The 
written Constitution provides only that the Presi¬ 
dent “may require the opinion, in writing, of the 
principal officer in each of the executive depart¬ 
ments, upon any subject relating to the duties of 
their respective offices.” This gives no power to 
call a meeting to discuss matters of diplomacy. 
Now the cabinet meets on one day a week known 
as Cabinet Day. No minutes of the meetings are 
kept, and the President is not bound by a vote of 
his cabinet. It is an advisory group of the same 
political party as the President and bears an im¬ 
portant part in government. 

Custom permits National Party Conventions for 
the purpose of nominating candidates for the 
presidency. Woodrow Wilson, in discussing custom, 
said, “Custom never ceases to build up practices 
legal in character yet wholly outside formal Law, 
constricting even in its action on Congress and 
great parts of great Constitutions. It constantly 
maintains the great forces of precedent and opinion 
which daily work their will under every form of 
government upon both the contents and the ad¬ 
ministration of the law. Custom is Habit under 
another name; and Habit in its growth, while it 


THE UNWRITTEN CONSTITUTION 


135 


continually adjusts itself to the standard fixed in 
formal Law also slowly compels formal Law to con¬ 
form to its abiding influences.” 

THE OATH OF ALLEGIANCE 

The oath which the petitioner takes is: 

“l HEREBY DECLARE ON OATH, THAT I AB¬ 
SOLUTELY AND ENTIRELY RENOUNCE AND ABJURE 
ALL ALLEGIANCE AND FIDELITY TO ANY FOREIGN 
PRINCE, POTENTATE, STATE OR SOVEREIGNTY, AND 
PARTICULARLY TO (NAME OF SOVEREIGN OF COUN¬ 
TRY), OF WHOM I HAVE HERETOFORE BEEN A 
SUBJECT; THAT I WILL SUPPORT AND DEFEND THE 
CONSTITUTION AND LAWS OF THE UNITED STATES 
OF AMERICA AGAINST ALL ENEMIES, FOREIGN AND 
DOMESTIC, AND THAT I WILL BEAR TRUE FAITH 
AND ALLEGIANCE TO THE SAME.” 

Questions 

To the Pupil: 

1. What do we mean by an unwritten constitution? 

2. Repeat the part of the “elastic clause” and the preamble 

that largely gives the basis to the unwritten constitu¬ 
tion. 

3. Why is John Marshall called the “second maker of the 

Constitution”? 

4. Give an instance of a law enacted for the general welfare 

of the people first by the states and later by the federal 
government. 

5. Why is the Supreme Court called “the balance wheel of 

the Constitution”? 

6. What are two basic principles for liberal interpretation 

of the Constitution? 

7. Give an example of public opinion being interpreted in a 

decision of the court. 


136 THE MARCH OF DEMOCRACY 

8. How does a Chief Justice such as John Marshall become 

so influential in decisions when he has no more voting 
power than the other justices? 

9. What is the Doctrine of Implied Powers? 

10. From Hamilton’s discussion answer the propagandists who 

assert the Supreme Court has too much power. 

11. What is the Doctrine of Public Policy? 

12. Enumerate the customs that have become a part of our 

government. 

13. Using Woodrow Wilson’s summary on custom, give your 

opinion as to whether you believe we will be guided more 
and more by custom as our nation grows older. 

14. What significance can be attached to the fact that the 

last few cabinet positions have been created by taking 
bureaus out of the Department of the Interior? 

15. Be able to give a five-minute talk on John Marshall and 

the unwritten constitution. 

16. What would have been the effect on our Constitution if 

the idea of an unwritten constitution had not been 
developed ? 

17. Why do not the state constitutions generally recognize 

this idea of an unwritten constitution? 


CHAPTER NINE 


UNITED STATES CITIZENSHIP 

While the word “citizen” is frequently used in the 
Constitution, no definition of its meaning is given 
in the Constitution as originally adopted. In the 
Fourteenth Amendment, however, adopted in 1868, 
citizenship is defined as follows: 

“All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens 
of the United States and of the State wherein 
they reside.” 

A double citizenship is thus recognized: 

(1) A United States citizenship, and 

(2) A state- citizenship. 

One of the greatest defects of the government 
under the Articles of Confederation was, as we have 
seen (p. 63), that it operated upon states and not 
upon individuals. This defect was overcome by the 
creation of a United States citizenship whereby the 
Constitution operates directly upon individuals. 
The United States citizenship is superior to the 
state citizenship, and a citizen’s loyalty is due first 
to the United States, and then to the particular 
state in which he resides, 

137 


Citizen¬ 

ship 

Defined. 


138 


THE MARCH OF DEMOCRACY 


How an 
Alien may 
Acquire 
Citizen¬ 
ship. 


Process of 
Naturali¬ 
zation. 


A subject of a foreign power residing in the 
United States is called an alien. The process by 
which an alien becomes a citizen of the United 
States is called Naturalization.” Naturalization is 
limited to persons who: 

(1) Can speak the English language, 

(2) Are of good moral character, 

(3) Believe in organized government, 

(4) Are opposed to polygamy, 

(5) Intend to reside permanently in the United 

States, and 

(6) Come from a state which is at peace with the 

United States. 

(7) Attached to the principles of the Constitution 

of the United States, 

Naturalization is permitted to all peoples except 
certain of the yellow race and is accomplished as 
follows: 

(1) Declaration of Intention. An alien wishing 
to become a citizen of the United States must first 
make a declaration under oath before a court of 
record of his intention to become a citizen, and to 
renounce all allegiance to any foreign power. 

(2) Petition for Naturalization. Not less than two 
years after filing his declaration of intention, and 
after not less than five years continuous residence 
in the United States, he may file in any court of 
record, a petition for naturalization, proving by two 
witnesses who are citizens of the United States that 
he has been a resident of the United States for five 
consecutive years, and, during the year preceding 


UNITED STATES CITIZENSHIP 139 

his petition, a resident of the state in which he 
makes application for admission. His children who 
are under twenty-one years of age also become 
citizens by his act. 

Since 1922 his wife, like an unmarried alien 
woman, must take steps of naturalization the same 
as her husband. 

The citizenship of a married woman is now inde¬ 
pendent of her husband’s. If an American woman 
marries a foreigner and still lives in the United 
States, she retains her citizenship. An alien woman 
who marries an American and comes here to 
live must be naturalized before becoming a citizen, 
but the period of complete naturalization in her 
case is one year. 

(3) Admission . If the court is satisfied with the 
truthfulness of the statements, the applicant may 
then become a citizen by: 

(a) Renouncing all allegiance to any foreign power. 

(b) Renouncing all foreign titles or orders of nobil¬ 

ity, and 

(c) Making oath to support the Constitution of the 

United States. 

The United States citizenship thus created does 
not necessarily entitle the citizen to the right of 
suffrage. The privilege of voting is a gift of the 
state, and is conferred at the pleasure of the in¬ 
dividual states. In some states aliens who have 
filed their declaration of intention are permitted 
to vote, while in others the privilege is granted 


140 


THE MARCH OF DEMOCRACY 


Validity 
of Natur¬ 
alization 
in the 
United 
States. 


only to those who are actual citizens of the United 
States. 

The United States has always contended that 
any citizen of a foreign nation has the right to 
expatriate himself and become a citizen of the 
United States. The attitude of the United States on 
this question was set forth fully and explicitly in 
the Koszta case in 1853. In 1850 one Martin 
Koszta, a Hungarian by birth, came to America and 
declared his intention to become a citizen of the 
United States. After about two years’ residence 
in the United States he went to Smyrna where the 
American diplomatic representative granted him a 
kind of guarantee of safe conduct. While in Asia 
Minor in 1853, he was arrested by the Austrian 
government on account of his complicity in a re¬ 
bellion in his native land prior to his coming to 
America. His appeal to the United States govern¬ 
ment for protection on the ground that he had 
applied for naturalization papers as an American 
citizen and the activity of the United States re¬ 
sulted in his release through the efforts of President 
Pierce. His release was not accomplished, how¬ 
ever, without strenuous protest on the part of 
Austria, The Secretary of State ruled that: “This 
right to protect persons having a domicile, though 
not native-born or naturalized citizens, rests on the 
firm foundation of justice.” 

Many foreigners in years past have become 
naturalized citizens of the United States in order 
to escape military and other service in their native 


UNITED STATES CITIZENSHIP 141 

country, and after securing citizenship have re¬ 
turned to reside in their native land. A law of 1907 
recognizes the principle of protection in allowing 
the Secretary of State at his discretion to issue pass¬ 
ports limited to six months to persons who have 
declared their intention to become citizens of the 
United States. However, these are not good in states 
of prior allegiance. Expatriation of this kind is not 
approved by the United States, and naturalization 
is now permitted only to those persons who declare 
their intention to reside permanently in the United 
States. 


Questions 

To the Pupil:- 

1. Who are citizens of the United States? 

2. Enumerate the requirements for obtaining citizenship. 

3. From references find out how people lose their American 

citizenship. 

4. Describe the entire process of naturalization. 

5. Why was the law changed so that the wife of an alien 

eligible to naturalization must become naturalized in 
order to become a citizen? 

6. Why is the exception made that an alien man who has 

served in the army or navy of the United States and an 
alien women who marries an American citizen can be¬ 
come naturalized in one year? 

7. What are the reasons for requiring a literacy test before 

admitting aliens? 

8. Under the Johnson Immigration Law, two per cent of 

the total number of any nationality living in the United 
States in 1890 are admitted. After July 1, 1927 the 
maximum number of immigrants admissible from the 
countries to which the law applies shall be 150,000, and 


142 


THE MARCH OF DEMOCRACY 


these shall be apportioned in accordance with the “na¬ 
tional origin” principle, according to which newcomers 
are admitted in proportion to the total'number of each 
stock to the entire white population. Discuss the 
justice of this law. Why was the date 1890 used 
instead of 1910? 

9. Why were our laws on immigration made so restrictive 
during and after the World War? 

10. In some states an alien is permitted to vote after taking 

out his first papers sometimes several years before he is 
entitled to receive a Certificate of Naturalization. Dis¬ 
cuss the advisability of such practice. 

11. The king of a foreign country maintained that as long 

as the people who emigrated to America used the mother 
tongue and taught their children the mother tongue— 
that he could depend on their loyalty to his country. 
What suggestions does this make for changes in our 
naturalization laws? 

12. What is Americanization? Ascertain what is being done 

along this line in your own and other communities. 
What evidences indicate that some of our own citizens 
need this training? 

13. Why do most of the immigrants who come to America 

now settle in the big cities? How does this complicate 
the problem of Americanization? 

14. Show that it is a wise provision that a Certificate of 

Naturalization can be canceled within five years after a 
person leaves the United States and takes up permanent 
residence in a foreign country. 

Things to Do: 

1. Find out from some naturalized foreigner the reasons 
that brought him to America and the early impressions 
he had of our country and people; or if it can be done 
without embarrassment, secure the information from 
some alien who has lived here several years as to why 
he is not going through the process of naturalization 


UNITED STATES CITIZENSHIP 143 

to become a citizen of the United States. Report the 
interview to the class. 

2. Dramatize the naturalization of a foreigner. Use as a 

basis a booklet on “How to Obtain Citizenship Papers/’ 
by Thompson, issued by the National Security League 
of New York City. 

3. Debate the following question: 

Resolved, That all aliens should be compelled to learn 
to read and write the English language, and be able 
to pass a test on the Declaration of Independence and 
the Constitution before being admitted to citizenship. 

4. Prepare an argument to use in convincing an alien that 

he should become naturalized. 

5. From outside sources determine when a naturalized citizen 

of the United States is not a citizen. How could this 
be remedied? Refer to Atlantic Monthly, January, 
1925, “When Is a Citizen Not a Citizen?” 

Books for class reports: 

“The Promised Land,” Mary Antin. 

The story of a little Jewish immigrant girl. 

“Our Foreign-born Citizens,” Annie E. S. Beard. 

Short sketches of the lives of thirty-four prominent nat¬ 
uralized Americans. 

“Americans by Adoption,” Joseph Husband. 

Short biography of nine great naturalized Americans. 

“The Making of an American,” Jacob A. Riis. 

Experiences of the author. 

“The Soul of an Immigrant,” Constantine M. Panunzio. 

Story of an Italian boy in becoming an American citizen. 


CHAPTER TEN 


The 

Com¬ 

pact. 


THE MAYFLOWER .COMPACT WITH COMMENTS 

While the Mayflower was anchored off Cape Cod 
in December, 1620, the Pilgrims met in its cabin 
and signed the following compact: 

“In ye name of God Amen. We whose names are 
underwrite^ the loyall subjects of our dread sov- 
eraigne Lord King James, by ye grace of God, of 
great Britaine, Franc, & Ireland king, defender of 
ye faith, &c haveing undertaken, for ye glorie of 
God and advancement© of ye Christian faith and 
honour of our king and countrie, a voyage to plant 
ye first colonie in ye Northerne parts of Virginia. 
Doe by these presents solemnly mutualy in ye 
presence of God, and one of another, covenant, 
combine our selves togeather into a civill body 
politick, for our better ordering, preservation fur¬ 
therance of ye ends aforesaid; and BY VERTUE 
HEAROF to enacte, constitute, and frame shuch 
just equall lawes, ordinances, Acts, constitutions, 
offices, from time to time, as shall be thought most 
meete convenient for ye generall good of ye 
Colonie; Unto which we promise all due submis¬ 
sion and obedience. In witnes wherof we have 
hereunder subscribed our names at Cap-Codd ye 
11 of November, in ye year of ye raigne of our 
soveraigne Lord King James of England, France, 
& Ireland ye eighteenth, and of Scotland ye fiftie 
fourth. Ano: Dom. 1620.” 

144 


THE DECLARATION OF INDEPENDENCE 145 

This compact is sometimes called the first written 
constitution with democratic government. Strictly 
speaking, however, it is not a constitution. A con¬ 
stitution creates a form of government, specifies the 
functions of government, and defines and limits the 
powers of government. In this sense the compact 
was not a constitution, nor did it create a con¬ 
stitution. It was simply an agreement of resolute, 
high-minded, God-fearing men, binding themselves 
to obey whatever constitutions and laws should 
thereafter be enacted by mutual consent. The 
spirit of the makers of the Compact was, un¬ 
doubtedly, akin to that of the framers of the Con¬ 
stitution. 

The people of Hartford, Windsor, and Wethers¬ 
field created and established a government by the 
adoption of “The Fundamental Orders of Con¬ 
necticut” in 1639. This Connecticut Constitution, 
rather than the Mayflower Compact, should be 
considered the beginning of our Constitution. “It 
is on the banks of the Connecticut, under the mighty 
preaching of Thomas Hooker and in the constitution 
to which he gave life, if not form, that we draw the 
first breath of that atmosphere which is now so 
familiar to us. The birthplace of American democ¬ 
racy is Hartford.” 


The 
Com¬ 
pact 
not a 
Consti¬ 
tution. 


CHAPTER ELEVEN 


Pre¬ 
amble, 
or Intro¬ 
duction, 
Telling 
Why the 
Declara¬ 
tion Is 
Publicly 
Issued. 

Statement 
of the 
Rights of 
Men, the 
Reasons 
for Estab¬ 
lishing 
Govern¬ 
ments, 
and the 
Circum¬ 
stances 
Under 
Which 
Changes 
in Govern- 


THE DECLARATION OF INDEPENDENCE 

In Congress, July 4, 1776. 

The Unanimous Declaration of the thirteen 
United States of America: 

“When in the course of human events, it becomes 
necessary for one people to dissolve the political 
bands, which have connected them with another, 
and to assume among the powers of the earth, the 
separate and equal station to which the Laws of 
Nature and of Nature’s God entitle them, a decent 
respect to the opinions of mankind requires that 
they should declare the causes which impel them 
to the separation.—We hold these truths to be 
self-evident, that all men are created equal, that 
they are endowed by their Creator with certain 
unalienable Rights, that among these are Life, 
Liberty and the pursuit of Happiness.—That to 
secure these rights, Governments are instituted 
among Men, deriving their just powers from the 
consent of the governed.—That whenever any 
Form of Government becomes destructive of these 
ends, it is the Right of the People to alter or 
to abolish it, and to institute new Government, 
laying its foundation on such principles and organ¬ 
izing its powers in such form, as to them shall 
seem most likely to effect their Safety and Hap¬ 
piness. Prudence, indeed, will dictate that Gov¬ 
ernments long established should not be changed 
146 


THE DECLARATION OF INDEPENDENCE 147 


for light and transient causes; and accordingly all 
experience hath shewn, that mankind are more dis¬ 
posed to suffer, while evils are sufferable, than to 
right themselves by abolishing the forms to which 
they are accustomed. But when a long train of 
abuses and usurpations, pursuing invariably the 
same Object evinces a design to reduce them under 
absolute Despotism, it is their right, it is their 
duty, to throw off such Government, and to pro¬ 
vide new Guards for their future security.—Such 
has been the patient sufferance of these Colonies; 
and such is now the necessity which constrains 
them to alter their former Systems of Government. 
The history of the present King of Great Britain 
is a history of repeated injuries and usurpations, 
all having in direct object the establishment of an 
absolute Tyranny over these States. To prove 
this, let Facts be submitted to a candid world.— 
He has refused his Assent to Laws, the most 
wholesome and necessary for the public good. 
He has forbidden his Governors to pass Laws of 
immediate and pressing importance, unless sus¬ 
pended in their operation till his Assent should 
be obtained; and when so suspended, he has ut¬ 
terly neglected to attend to them.—He has refused 
to pass other Laws for the accommodation of large 
districts of people, unless those people would re¬ 
linquish the right of Representation in the Legis¬ 
lature, a right inestimable to them and formidable 
to tyrants only.—He has called together legisla¬ 
tive bodies at places unusual, uncomfortable, and 
distant from the depository of their public Records, 
for the sole purpose of fatiguing them into com¬ 
pliance with his measures.—He has dissolved Rep¬ 
resentative Houses repeatedly, for opposing with 
manly firmness his invasions on the rights of the 


ment Are 
Justi¬ 
fiable. 


State¬ 
ment 
of the 
Unjust 
Acts 
of the 
King. 


148 THE MARCH OF DEMOCRACY 

people.—He has refused for a long time, after 
such dissolutions, to cause others to be elected; 
whereby the Legislative powers, incapable of An¬ 
nihilation, have returned to the People at large 
for their exercise; the State remaining in the 
meantime exposed to all the dangers of invasion 
from without, and convulsions within.—He has 
endeavoured to prevent the population of these 
States; for that purpose obstructing the Laws for 
Naturalization of Foreigners; refusing to pass 
others to encourage their migration hither, and 
raising the conditions of new Appropriations of 
Lands.—He has obstructed the Administration of 
Justice, by refusing his Assent to Laws for es¬ 
tablishing Judiciary powers,—He has made Judges 
dependent on his Will alone, for the tenure of 
their offices, and the amount and payment of their 
salaries.—He has erected a multitude of New 
Offices, and sent hither swarms of Officers to 
harass our people, and eat out their substance.— 
He has kept among us, in times of peace, Stand¬ 
ing Armies without the Consent of our legislature. 
—He has affected to render the Military indepen¬ 
dent of and superior to the Civil power.—He has 
combined with others to subject us to a jurisdic¬ 
tion foreign to our constitution, and unacknowl¬ 
edged by our laws; giving his Assent to their Acts 
of pretended Legislation!—For quartering large 
bodies of armed troops among us:—For protecting 
them, by a mock Trial, from punishment for any 
Murders which they should commit on the Inhab¬ 
itants of these States:—For cutting off our Trade 
with all parts of the world:—For imposing Taxes 
onus without our Consent:—For depriving us in 
many cases, of the benefits of Trial by Jury:— 
For transporting us beyond Seas to be tried for 


THE DECLARATION OF INDEPENDENCE 149 


pretended offences:—For abolishing the free Sys¬ 
tem of English Laws in a neighbouring Province 1 , 
establishing therein an Arbitrary government, and 
enlarging its Boundaries so as to render it at once 
an example and fit instrument for introducing the 
same absolute rule into these Colonies:—For tak¬ 
ing away our Charters, abolishing our most valu¬ 
able Laws, and altering fundamentally the Forms 
of our Governments:—For suspending our own 
Legislatures, and declaring: themselves invested 
with power to legislate for us in all cases what¬ 
soever.—He has abdicated Government here, by 
declaring us out of his Protection and waging War 
against us.—He has plundered our seas, ravaged 
our Coasts, burnt our towns, and destroyed the 
lives of our people.—He is at this time transport¬ 
ing large Armies of foreign Mercenaries to com¬ 
plete the works of death, desolation and tyranny, 
already begun with circumstances of Cruelty, 
perfidy scarcely paralleled in the most barbarous 
ages, and totally unworthy the Head of a civilized 
nation.—He has constrained our fellow Citizens 
taken Captive on the high Seas to bear Arms 
against their Country, to become the executioners 
of their friends and Brethren, or to fall themselves 
by their Hands.—He has excited domestic insur¬ 
rections amongst us, and has endeavoured to bring 
on the inhabitants of our frontiers, the merciless 
Indian Savages, whose known rule of warfare is 
an undistinguished destruction of all ages, sexes state- 
and conditions.—In every stage of these Oppres- ment 
sions We have Petitioned for Redress in the most of the 
humble terms. Our repeated Petitions have been Remon - 
answered only by repeated injury. A Prince, ^ r ^ es 
whose character is thus marked by every act which e 0l0 ni Stt 
may define a Tyrant, is unfit to be the ruler of a 


150 


THE MARCH OF DEMOCRACY 


Conclu¬ 
sion—The 
Declara¬ 
tion of 
Colonial 
Indepen¬ 
dence. 


free people. Nor have We been wanting in at¬ 
tentions to our British brethren. We have warned 
them from time to time of attempts by their legis¬ 
lature to extend an unwarrantable jurisdiction 
over us. We have reminded them of the circum¬ 
stances of our emigration and settlement here. 
We have appealed to their native justice and 
magnanimity, and we have conjured them by the 
ties of our common kindred to disavow these usur¬ 
pations, which would inevitably interrupt our 
connections and correspondence. They too have 
been deaf to the voice of justice and of consan¬ 
guinity. We must, therefore, acquiesce in the ne¬ 
cessity, which denounces our Separation, and hold 
them, as we hold the rest of mankind, Enemies in 
War, in Peace Friends.—WE, THEREFORE, the 
Representatives of the United States of Amer¬ 
ica, in General Congress, Assembled, appealing 
to the Supreme Judge of the world for the recti¬ 
tude of our intentions do, in the Name, and by 
authority of the good People of these Colonies, 
solemnly publish and declare, That these United 
Colonies are, and of Right ought to be free and 
independent states ; that they are Absolved from 
all Allegiance to the British Crown, and that all 
political connection between them and the State 
of Great Britain is and ought to be totally dis¬ 
solved ; and that as free and independent states, 
they have full Power to levy War, conclude Peace, 
contract Alliances, establish Commerce, and to do 
all other Acts and Things which independent 
states may of right do. And for the support of 
this Declaration, with a firm reliance on the pro¬ 
tection of Divine Providence, we mutually pledge 
to each other our Lives, our Fortunes, and our 
sacred Honor.” 


THE DECLARATION OF INDEPENDENCE 151 


Only a few of the signatures on the parchment 
copy 1 are now legible. Consequently they are given 
below: 


John Hancock. 

Samuel Chase. 

W m . Paca. 

Tho s Stone. 

Charles Carroll of Carrollton. 


George Wythe. 
Richard Henry Lee. 
Th Jefferson. 

Benj a Harrison. 

Tho* Nelson jr. 

Francis Lightfoot Lee. 
Carter Braxton. 

Rob 1 Morris. 

Benjamin Rush. 

Benj a Franklin. 

John Morton. 

Geo Clymer. 

Ja s Smith. 


Geo. Taylor. 
James Wilson. 
Geo. Ross. 

Caesar Rodney. 
Geo Read 
Tho M: Kean 
W m Floyd. 

Phil. Livingston. 
Arthur Middleton. 
Button Gwinnett. 
Fran s . Lewis. 

Lewis Morris. 
Rich d . Stockton. 

Jn° Witherspoon. 
Fra s . Hopkinson. 
John Hart, 

Abra Clark. 

Josiah Bartlett. 


1 “There are three texts of the Declaration which may be called 
official. One is the text in what is called the ‘rough’ Journal; 
a second is the text in the ‘corrected’ Journal; a third is the text 
on parchment, the one which was signed by the members of 
Congress. The most authoritative text, one would suppose, 
should be that in the corrected Journal. Apart from spelling, 
punctuation, and capitalization, this text is the same as that in 
the rough Journal except in two instances, in each of which a 
single word is omitted from the text in the corrected Journal 
which appears in the rough Journal. That these omissions were 
not intentional seems clear from the fact that they were not 
made in the final parchment copy. The above follows the 
parchment copy except the last paragraph which is changed in 
capitalization for emphasis.” 


152 


THE MARCH OF DEMOCRACY 


W m . Whipple. 

Sam 1 Adams. 

John Adams 
Rob* Treat Paine. 
Elbridge Gerry. 
Step Hopkins. 
William Ellery. 
Roger Sherman. 
Sam 1 Huntington. 
W m Williams. 


Oliver Wolcott. 
Matthew Thornton. 
W m Hooper. 

Joseph Hewes. 

John Penn. 

Edward Rutledge. 

Tho s . Heyward Jun r . 
Thomas Lynch Jun r . 
Lyman Hall. 

Geo Walton. 


CHAPTER TWELVE 


THE CONSTITUTION OF THE UNITED STATES, 1 
AND AMENDMENTS 

“Not a dead, dull document, but the very 
substance of our freedom.” 

September 17, 1787 

We, the people of the United States, in order to form a more 
perfect Union, establish justice, insure domestic tranquility, pro¬ 
vide for the common defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 

The Preamble serves to introduce the purposes 
of the Constitution by first indicating its source (the 
people rather than the states); secondly, it insures 
national unity, peace at home and while traveling 
abroad, justice in courts, personal liberty, and pro¬ 
vides for the welfare of all. 

ARTICLE i 

Section I. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Section I of Article I vests all legislative powers 
in Congress. Note that Section I of Article II vests 
executive power in the President and that Section I 

*The parts italicized and in brackets throughout the Con¬ 
stitution as printed here are obsolete or no longer operative. 

153 


Pre¬ 

amble. 


Legis¬ 

lative 

Powers. 


154 


THE MARCH OF DEMOCRACY 


House 
of Repre¬ 
sentatives. 


Qualifi¬ 
cations of 
Represen¬ 
tatives. 


Apportion¬ 
ment of 
Represen¬ 
tatives. 


of Article III vests judicial power in the Supreme 
Court. 

Section II. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature. 

Since 1920 women vote the same as men. 
“Electors” means voters which now includes nearly 
all citizens over twenty-one years of age. The 
members of the House are called Congressmen. 

No person shall be a Representative who shall not have at¬ 
tained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

These qualifications give us stronger candidates, 
and allow even immigrants a chance to hold office 
after seven years of citizenship. Custom requires 
a person to be a resident of the district from which 
he is chosen. 

Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union ac¬ 
cording to their respective numbers [ which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons ]. The actual enumeration 
shall be made within three years after the first meeting of the 
Congress of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every thirty 
thousand, but each State shall have at least one Representative; 
[and, until such enumeration shall be made, the State of New 


THE CONSTITUTION AND AMENDMENTS 155 

Hampshire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey jour, Pennsylvania eight, Delaware 
one, Maryland six, Virginia ten, North Carolina five, South Caro¬ 
lina five, and Georgia three]. 

The clause embodying the “three-fifths rule” was 
rendered obsolete by Amendment XIV, Section 2. 
The temporary apportionment clause beginning 
“and until such enumeration is made—” expired in 
1791. The first census was taken in 1790, and a 
federal census has been taken every ten years since 
that time. 

When vacancies happen in the representation from any State, 
the Executive Authority thereof shall issue writs of election to 
fill such vacancies. 

If a representative dies, resigns, or is removed 
from office, the Governor of his state may call a 
special election to choose a successor. This 
guarantees equal representation to all. 

The House of Representatives shall choose their Speaker and 
other officers, and shall have the sole power of impeachment. 

The Speaker or “Chairman” of the House is 
chosen by the members every two years and has 
great power because he usually represents the party 
in control. In a case of impeachment the House 
makes the charges of misconduct in office, but the 
Senate acts as a jury and makes the decision. 

Section III. The Senate of the United States shall be com¬ 
posed of two Senators from each State, chosen [by the Legisla¬ 
ture thereoj] , for six years; and each Senator shall have one vote. 


Vacan¬ 

cies, 

How 

Filled. 


Officers. 


Senate. 


156 


THE MARCH OF DEMOCRACY 


Classifica¬ 
tion of 
Senators. 


Qualifica¬ 
tions of 
Senators. 


Vice 

Presi¬ 

dent. 


Officers. 


This paragraph is superseded by Amendment 
XVII, which provides that Senators are elected by 
direct vote of the people. 

Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. [The seats oj the Senators of the first class shall 
be vacated at the expiration of the second year, of the second 
class at the expiration of the fourth year, and of the third class 
at the expiration of the sixth year], so that one-third may be 
chosen every second year; [and if vacancies happen by resigna¬ 
tion, or otherwise, during the recess of the Legislature of any 
State, the Executive thereof may make temporary appointments 
until the next meeting of the Legislature, which shall then fill 
such vacancies]. 

The term of a Senator is six years. This scheme 
makes the Senate a continuous body with one third 
retiring every two years. 

No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

Qualifications for Senators are higher than those 
for representatives, as it was thought that older, 
more experienced and better prepared men should 
compose the Senate. 

The Vice President of the United States shall be President of 
the Senate, but shall have no vote unless they be equally divided. 

The Vice President presides over the Senate. He 
has practically no power, voting only in case of a tie. 

The Senate shall choose their other officers, and also a Presi¬ 
dent pro tempore, in the absence of the Vice President, or when 
he shall exercise the office of President of the United States. 


THE CONSTITUTION AND AMENDMENTS 157 


If the Vice President should be absent for any 
reason, the Senate may then choose one of its own 
members as the presiding officer. The Senate, like 
the House, makes rules for conducting its business 
and records its proceedings. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirma¬ 
tion. When the President of the United States is tried, the Chief 
Justice shall preside; and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

An impeachment case is similar to a grand jury 
hearing. Only “civil officers of the United States” 
are subject to impeachment. Members of the House 
and Senate are not included because they try their 
own members. President Johnson was impeached in 
1868, but the vote for conviction fell short of the 
necessary two-thirds. Judges Pickering in 1804, 
Humphries in 1862, and Archibald in 1912 were 
impeached and convicted. Remember that impeach¬ 
ment means accusation, not conviction. 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust, or profit under the United States; 
but the party convicted shall nevertheless be liable and subject to 
indictment, trial, judgment, and punishment, according to law. 

In the several cases of impeachment under our 
Constitution, officials found guilty were merely re¬ 
moved from office, sometimes disqualified from 
holding federal offices. Guilty parties are subject 
to further trial under Amendment V. The object 


Senate a 
Court for 
Trial of 
Impeach¬ 
ments. 


Judg¬ 
ment in 
Case of 
Impeach¬ 
ment. 


158 


THE MARCH OF DEMOCRACY 


Elections 
of Sena¬ 
tors and 
Represen¬ 
tatives. 


Meet¬ 
ing of 
Congress. 


Organiza¬ 
tion of 
Congress. 


of impeachment is to protect us from acts of disloyal 
officials not to punish crime. 

Section IV. The times, places, and manner of holding elec¬ 
tions for Senators and Representatives shall be prescribed in 
each State by the Legislature thereof; but the Congress may at 
any time by law make or alter such regulations, except as to 
places of choosing Senators. 

A state sets the qualifications of age and residence, 
and some states require an educational qualification, 
usually the ability to read and write. 

Congress has superseded the states by making 
regulations authorizing voting by written or printed 
ballots, requiring contiguous districts, and the time 
for the election of members of Congress as the first 
Tuesday after the first Monday in November of 
every second year. Congress also fixed the day for 
voting in all states for the electors of the President 
and Vice President as the first Tuesday after the first 
Monday in November. 

The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Under this paragraph new members elected in 
November do not take their seats until December 
of the next year, more than a year after election. 

Section V. Each House shall be the judge of the elections, 
returns, and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members in such manner and 
under such penalties as each House may provide. 


THE CONSTITUTION AND AMENDMENTS 159 


In either house, the quorum or number required 
to do business is a majority or more than half of the 
members. That would mean at least 49 Senators 
and 218 Representatives. 


Each House may determine the rules of its proceedings, punish 
its members for disorderly behavior, and with the concurrence of 
two-thirds expel a member. 

Either House has censored members and expelled 
some. In 1910 the Insurgent movement in the 
House resulted in many changes in the rules. 
Persons not members may be punished for contempt 
of the House or of a member. 


Each House shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in 
their judgment require secrecy; and the yeas and nays of the 
members of either House on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

The Congressional Record published daily while 
Congress is in session furnishes for the benefit of the 
public the proceedings and a record of the vote. 


Neither House, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two Houses shall be 
sitting. 

Since 1800 Congress has met at Washington, D.C. 
Action of both Houses is required to make a legis¬ 
lative measure a law; consequently both should be 
in session at the same time and place. 


Rule of 
Proceed¬ 
ings. 


Journal 
of Pro¬ 
ceedings. 


Adjourn¬ 
ment of 
Congress. 


Pay and 
Privileges 
of Mem¬ 
bers. 


Other 

Offices 

Pro¬ 

hibited. 


Revenue 

BiUs. 


160 THE MARCH OF DEMOCRACY 

Section VI. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law, and 
paid out of the Treasury of the United States. They shall in all 
cases, except treason, felony, and breach of the peace, be privi¬ 
leged from arrest during their attendance at the session of their 
respective Houses, and in going to and returning from the same; 
and for any speech or debate in either House they shall not be 
questioned in any other place. 

This paragraph allows members to perform duties 
without interference and removes every restriction 
on debate except their own rules of order. 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United Stages which shall have been created, or the emolu¬ 
ments whereof shall have been increased during such time; and 
no person holding any office under the United States shall be a 
member of either House during his continuance in office. 

This paragraph prevents members from increasing 
their own salaries and establishing offices for per¬ 
sonal gain during their term. No person can hold 
a federal office and be a member of either House at 
the same time. 

Section VII. All bills for raising revenue shall originate in the 
House of Representatives, but the Senate may propose or concur 
with amendments, as on other bills. 


The plan is designed to permit the body nearest 
the people to control expenditure of money raised 
by taxation but practically without effect since the 
Senate, can amend a revenue bill by substituting a 
new measure as an enacting clause. 


THE CONSTITUTION AND AMENDMENTS 161 


Every bill which shall have passed the House of Representa- How 
tives and the Senate shall, before it become a law, be presented Bills 
to the President of the United States; if he approve, he shall Become 
sign it, but if not, he shall return it, with his objections, to that Laws. 
House in which it shall have originated, who shall enter the 
objections at large on their journal, and proceed to reconsider it. 

If after such reconsideration two-thirds of that House shall agree 
to pass the bill, it shall be sent, together with the objections, to 
the other House, by which it shall likewise be reconsidered; and if 
approved by two-thirds of that House it shall become a law. 

But in all such cases the votes of both Houses shall be determined 
by yeas and nays and the names of the persons voting for and 
against the bill shall be entered on the journal of each House 
respectively. If any bill shall not be returned by the President 
within ten days (Sundays excepted) after it shall have been pre¬ 
sented to him, the same shall be a law, in like manner as if he had 
signed it, unless the Congress by their adjournment prevent its 
return; in which case it shall not be a law. 

If Congress adjourns during the ten days that a 
President is entitled to hold a bill for investigation, 
he has absolute veto power. He simply withholds 
his signature to nullify the bill. This is called a 
“pocket veto.” President Cleveland vetoed 301 bills 
during his first administration. A President cannot 
veto single items. Many times undesirable pro¬ 
visions called “riders” are attached to bills and be¬ 
come laws. Nine bills have been signed after ad¬ 
journment since 1789. Eight of these were signed 
in this way in 1920. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States; and before the same shall take effect shall 
be approved by him, or, being disapproved by him, shall be 
repassed by two-thirds of the Senate and the House of Represen- 


Presi¬ 

dent’s 

Power 

Over 

Legis¬ 

lation. 


162 


THE MARCH OF DEMOCRACY 


Powers 
Vested 
in Con¬ 
gress. 


Finan¬ 

cial. 


tives, according to the rules and limitations prescribed in the case 
of a bill. 

The veto gives the President more power over 
Congress, thereby giving him a better opportunity 
to state his objections and control his program of 
legislation. “Veto” is a Latin word, meaning I 
forbid. 

Section VIII. The Congress shall have power: 

To lay and collect taxes, duties, imposts, and excises, to pay the 
debts and provide for the common defence and general welfare 
of the United States; but all duties, imposts, and excises shall be 
uniform throughout the United States. 

The Sixteenth Amendment should be added to 
this to make it cover Income Taxes. Congress is 
curtailed by Section 9 (5) from levying taxes on 
exports; by Section 9 (6) from discriminating in 
taxes at different ports of entry. Duties are cus¬ 
toms taxes. 

Excises are taxes on domestic production, sale, or 
use of articles, such as tobacco. 

Imposts are customs taxes combining the idea of 
both duties and excises in one word. 

To borrow money on the credit of the United States. 

This was the basis of Hamilton’s plan of refund¬ 
ing the national debt in 1790. It gives Congress 
power to use the credit of the United States to issue 
paper money, charter national banks, establish a 
Federal Reserve System, and issue Treasury notes 
and bonds such as the Liberty or Victory Loans. 


THE CONSTITUTION AND AMENDMENTS 163 


To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes. 

Congress has the power to control interstate com¬ 
merce and communication; in fact every species of 
such commercial intercourse. States are forbidden 
to levy any import or export duties against other 
states. Various acts, such as the Sherman Act to 
control industry and the Transportation Act cre¬ 
ating a Railroad Labor Board connected with Inter¬ 
state commerce, have been passed under this clause. 
It is called the “commerce clause.” 

To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States. 

See Naturalization, page 138. 

Under the Articles of Confederation provisions 
for bankruptcy were omitted. Consequently state 
insolvency laws were passed with varied require¬ 
ments giving priority to local creditors. This clause 
took precedence over state laws, and an act of Con¬ 
gress made it operative. 

If creditors having claims of $500 or more against 
any person, company, corporation, or bank, file a 
petition in the United States Courts showing the ex¬ 
istence of debts amounting to $1000 or evidence of 
the assignment of property within four months 
showing preference for certain creditors or evidence 
that a preferred creditor obtained preference by legal 
proceedings, the court as a result of the request may 
declare involuntary bankruptcy. 


Com¬ 

merce. 


Naturali¬ 
zation and 
Bank¬ 
ruptcy. 


164 


THE MARCH OF DEMOCRACY 


Coins, 

Weights 

and 

Meas¬ 

ures. 


Counter¬ 

feiting. 


On the other hand if any person, except a corpo¬ 
ration, makes voluntary assignment of his property 
in a United States District Court for the benefit of 
his creditors, and of his own accord admits in writ¬ 
ing that his debts exceed his property, he is adjudged 
a voluntary bankrupt. However, a person cannot 
take advantage of the voluntary bankruptcy law 
more than once in six years. 

It is apparent that the law operates to the ad¬ 
vantage of both creditors and debtors. If no fraud 
appears in the hearing, a bankrupt is released to go 
in business again free from further legal obligations 
to pay the debts involved except those owed to the 
municipality, credits secured through fraudulent pre¬ 
tense, alimony, and a few other exceptions. 

To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures. 

Congress controls the coining of all money and 
the printing of paper money. Paper money is really 
an order on the Treasury for its face value in gold 
or silver deposited there. Standard weights and 
measures are kept at Washington, but duplicates are 
kept at state capitols. Uniform standards safeguard 
the public from fraud in buying and selling. 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States. 

Making coins, paper money, or stamps in imita¬ 
tion of those of the United States is called “counter¬ 
feiting.” Regardless of the conditions under which 


THE CONSTITUTION AND AMENDMENTS 165 

such imitations are made, the violator is subject to 
severe punishment by the federal courts. 

To establish post-offices and post-roads. 

The service granted by this clause benefits every 
citizen. Rural Free Delivery, Air Mail Service, and 
the Federal Highway Act show that our government 
is not slow to utilize every facility to give its citi¬ 
zens service. It can use injunction and other legal 
means to prevent interference with transportation of 
the mails. It also has the power to punish for mis¬ 
use of the mails. 

To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive rights to 
their respective writings and discoveries. 

This clause protects authors and inventors not 
only here, but by international agreement extends 
to other countries as well. A copyright lasts twenty- 
eight years and can be renewed for twenty-eight 
more. Books, films, maps, cartoons, etc., are pro¬ 
tected by copyrights. Holders of patents have the 
exclusive right of manufacture for seventeen years 
but cannot control sales or prices. 

To constitute tribunals inferior to the Supreme Court. 

See Inferior Courts, page 119. 

To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations. 

Congress is given power to define and punish 
crimes committed by its citizens at sea and in viola- 


Post- 

Offices. 


Inven¬ 

tions, 

Copy¬ 

rights, 

and 

Trade 

Marks. 


Courts. 


Piracies. 


166 THE MARCH OF DEMOCRACY 

tion of International Law. Requiring protection 
for our citizens creates responsibility for their acts 
against other nations. 

Piracy is robbery committed on the high seas; 
felony is a crime punishable either by death or by 
imprisonment in the State prison. 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water. 

Under this clause Congress declared war in 1812, 
1846, 1898, and 1917. It is now generally recognized 
that the President can take action leading to a 
state of war, but Congress has the final decision. 

Letters of marque are commissions to owners of 
private ships to make war on ships of the enemy. * 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years. 

In times of peace the standing army is necessarily 
small in a democracy. The two years’ clause per¬ 
mits the people to control the expenditure and de¬ 
termine the size of the standing army. 

Volunteer armies have been sufficient except in 
Draft Army law of 1863 and the selective service 
draft of 1917. 

During the World War this clause was used as a 
basis when our nation took over the management 
of railroads, the control of food and fuel, the out¬ 
put of factories, the classifying of essential and non- 
essential industries, and the establishing of war 
prohibition. 


THE CONSTITUTION AND AMENDMENTS 167 


To provide and maintain a navy. 

The limit of navy growth is now controlled by 
the 5-5-3 1 agreement. In the last few years the 
Naval Air Service has made an enviable record. 

To make rules for the government and regulation of the land 
and naval forces. 

The National Defense Act of 1916 practically 
makes a national guard of the state militia. The 
organization is now so planned that the ranks can 
be filled by conscription and the militia reorganized 
as was done in 1917. The new organization scheme 
built around experienced men will facilitate the 
training of an army. 

In accordance with the provisions of the National 
Defense Act amended in 1924 the government desig¬ 
nated September 13, the birthday of General 
Pershing, as National Defense Day. On this day a 

1 The Washington, D.C., Conference was called in 1921 at the 
suggestion of the United States to limit the naval armament of 
the leading nations of the world. Secretary of State Hughes in 
addressing the Conference suggested that the United States and 
Great Britain each be limited to battleships aggregating 500,000 
tons and Japan to 300,000 tons or a 5-5-3 ratio. As a result of 
the controversy a covenant was drawn whereby Naval Armament 
was limited to the ultimate battle fleets of the five signatory 
powers as follows: 

United States and Great Britain 525,000 tons each, Japan 
315,000 tons, and France and Italy 175,000 tons each. An agree¬ 
ment was also made on the scrapping of certain ships of each 
nation on the basis of this ratio. No battleship may exceed 
35,000 tons nor carry guns of a caliber exceeding sixteen inches. 
No limitation was placed on submarines or auxiliary craft. This 
agreement was thought to be a step toward world peace. 


Navy. 


Regula¬ 
tions of 
Army and 
Navy. 


168 


THE MARCH OF DEMOCRACY 


Calling 

Militia. 


Training 

Militia. 


Seat of 
Govern¬ 
ment. 


mobilization of the entire military strength and re¬ 
sources of the United States was requested by the 
War Department. 

To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions. 

Militiamen may not be called to duty by the 
President more than nine months out of any twelve. 
The militia was first called in the Civil War and 
has been called in every war since. 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively 
the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress. 

The militia of a state is made up of men between 
the ages of eighteen and forty-five. In most states 
they receive compensation for drill services and 
spend some time in a training camp each year. The 
state appoints the officers, but when serving under 
the United States, Congress has charge of its organ¬ 
ization. 

To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession 
of particular States and the acceptance of Congress, become the 
seat of Government of the United States, and to exercise like 
authority over all places purchased by the consent of the Legis¬ 
lature of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dry-docks, and other needful buildings. 


The District of Columbia was located in 1791, 
and Washington, D.C., situated therein became 


THE CONSTITUTION AND AMENDMENTS 169 


the capital in 1800. Congress makes the laws and 
has complete control over the district. The resi¬ 
dents have no vote and elect no representative to 
Congress nor other city or district officers. Indian 
reservations, arsenals, federal parks, etc., fall within 
the meaning of this clause, and crimes committed 
in such places are punished in federal courts. 

To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the Government of the United 
States, or in any department or officer thereof. 


Anticipating the changing conditions due to in¬ 
ventions, progress, and improved conditions of liv¬ 
ing, this clause has saved many changes in the 
Constitution. It gives Congress a large measure of 
control over other departments of government. 
Congress under this clause is limited to supplement¬ 
ing the enumerated powers given under the Consti¬ 
tution. 

Section IX. (1.) [The migration or importation of such persons 
as any of the States now existing shall think proper to admit, shall 
not be prohibited by the Congress prior to the year one thousand 
eight hundred and eight, but a tax or duty may be imposed on 
such importation, not exceeding ten dollars for each person .] 


Refers to slave trade (now obsolete). 

The privilege of the writ of habeas corpus shall not be sus¬ 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

A writ of Habeas Corpus permits a speedy trial 


Elastic 

Clause. 


Limita¬ 
tions on 
Congress, 


Habeas 

Corpus. 


170 


THE MARCH OF DEMOCRACY 


Attainder. 


Direct 

Taxes. 


Regula¬ 
tions Re¬ 
garding 
Customs 
Duties. 


and is suspended during war in order to better pro¬ 
tect our interests. See page 52. 

No bill of attainder or ex post facto law shall be passed. 

A “bill of attainder” is a legislative act usually 
resulting without trial in pronouncing a death pen¬ 
alty against an accused person or group of persons, 
and depriving of all civil rights and power to inherit 
or transmit property. This was a precaution against 
the revival of abuses formerly common in England. 

This ex post facto clause provides against the 
enactment of a law making a certain act a crime 
after it has been committed; also against increasing 
the penalty for such an act. 

No capitation or other direct tax shall be laid, unless in propor¬ 
tion to the census or enumeration hereinbefore directed to be 
taken. 

This clause gives the power to levy income taxes. 
Two income tax acts based on this clause have been 
declared unconstitutional, because it was not prac¬ 
ticable to levy an income tax according to popula¬ 
tion. This paragraph refers to “poll tax” or “head 
tax” which has never been levied by the United 
States. Amendment XVI makes it possible to 
levy an income tax “without regard to census or 
enumeration.” 

No tax or duty shall be laid on articles exported from any State. 

Exports are goods sent out of the state for com¬ 
mercial purposes. The principle of not taxing ex¬ 
ports was adopted to encourage trade abroad. 


THE CONSTITUTION AND AMENDMENTS 171 


No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another, nor shall 
vessels bound to or from one State be obliged to enter, clear, or 
pay duties in another. 

This section gives each state an equal chance and 
strengthens the idea of “united states.” 

No money shall be drawn from the Treasury but in consequence 
of appropriations made by law; and a regular statement and ac¬ 
count of the receipts and expenditures of all public money shall 
be published from time to time. 

It is the express duty of the comptroller of the 
Treasury to see that this paragraph is enforced. 
The budget system has systematized government 
expenditures and resulted in saving many millions 
of dollars. 

No title of nobility shall be granted by the United States. And 
no person holding any office of profit or trust under them shall, 
without the consent of the Congress, accept of any present, 
emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign state. 

Their prejudice against autocracy led our fore¬ 
fathers to take this precaution to insure de¬ 
mocracy. 

Section X. No State shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; coin money; 
emit bills of credit; make anything but gold and silver coin a 
tender in payment of debts; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

No State shall, without the consent of the Congress, lay any 
impost or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; and the 


Inter¬ 

state 

Com¬ 

merce. 


Appro¬ 

priations, 


Titles of 
Nobility- 
Pro¬ 
hibited. 


Limita¬ 
tions on 
States. 


172 


THE MARCH OF DEMOCRACY 


Exec¬ 

utive 

Depart¬ 

ment 


Electors. 


net produce of all duties and imposts, laid by any State on im¬ 
ports or exports, shall be for the use of the Treasury of the 
United States; and all such laws shall be subject to the revision 
and control of the Congress. 

No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another State, or with a 
foreign power, or engage in war, unless actually invaded, or in 
such imminent danger as will not admit of delay. 

This section is intended to state definitely what 
states cannot do, and doubly emphasizes the powers 
given and denied Congress, particularly in regard 
to foreign relations, war, currency, and national 
commerce. Also see page 98. 


ARTICLE II 


Section I. The Executive power shall be vested in a President 
of the United States of America. He shall hold his office during 
the term of four years, and, together with the Vice President, 
chosen for the same term, be elected as follows: 

A President is elected every four years and in¬ 
augurated the following March 4. There is a gen¬ 
eral feeling that this date should be changed. The 
number of terms a President may serve is not men¬ 
tioned in the Constitution. The common feeling 
that a tenure of two terms is long enough grew 
from a statement by President Washington, when 
he refused to consider a third term. 


Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Representatives to which the State may 


THE CONSTITUTION AND AMENDMENTS 173 


be entitled in the Congress; but no Senator or Representative or 
person holding an office of trust or profit under the United States 
shall be appointed an elector. 

The “Electoral College” was originally planned to 
give each elector a free choice for President, but 
now all vote as they are pledged when nominated 
at their party conventions. The vote is taken by 
states. It is possible that a President may be se¬ 
lected even though he does not get the majority of 
the total popular votes cast. Several Presidents 
have been elected in this manner. See page 107. 


[Tl\e electors shall meet in their respective States and vote by 
ballot for two persons, of whom one at least shall not be an in¬ 
habitant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each, which list they shall sign and certify, and transmit, sealed, 
to the seat of the Government of the United States, directed to 
the President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted. The per¬ 
son having the greatest number of votes shall be the President, if 
such number be a majority of the whole number of electors ap¬ 
pointed, and if there be more than one who have such majority, 
and have an equal number of votes, then the House of Represen¬ 
tatives shall immediately choose by ballot one of them for Presi¬ 
dent ; and if no person have a majority, then from the five highest 
on the list the said House shall in like manner choose the Presi¬ 
dent. But in choosing the President, the vote shall be taken by 
States, the representation from each State having one vote. A 
quorum, for this purpose shall consist of a member or members 
from two-thirds of the States, and a majority of all the States shall 
be necessary to a choice. In every case, after the choice of the 
President, the person having the greatest number of votes of the 
electors shall be the Vice President. But if there should remain 
two or more who have equal votes, the Senate shall choose from 
them by ballot the Vice President.'] 


Proceed¬ 
ings of 
Electors. 
—Proceed¬ 
ings of the 
House 
of Repre¬ 
sentatives. 


174 


THE MARCH OF DEMOCRACY 


Time of 

Choosing 

Electors. 


Qualifi¬ 
cations 
of the 
President. 


Presi¬ 

dential 

Suc¬ 

cession. 


Superseded by Amendment XII. 

The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes, which day 
shall be the same throughout the United States. 

Electors are chosen on Tuesday following the first 
Monday of November every fourth year. Electors 
usually meet at each state capital and cast their 
votes on the second Monday of the following Jan¬ 
uary, and Congress meets at one p.m. of the second 
Wednesday in February, to receive the vote. 

No person except a natural-born citizen, [or a citizen of the 
United States at the time of the adoption of this Constitution ], 
shall be eligible to the office of President; neither shall any per¬ 
son be eligible to that office who shall not have attained to the 
age of thirty-five years and been fourteen years a resident within 
the United States. 

There is nothing in the Constitution to prevent a 
woman, or a negro, or a person of any religious be¬ 
lief from becoming a President if he has the neces¬ 
sary qualifications and gets the necessary votes. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice President and 
the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly, until the disability be removed or a Presi¬ 
dent shall be elected. 

In six cases under the Constitution a Vice Presi¬ 
dent has become President, at the death of Presi¬ 
dents Harrison, Taylor, Lincoln, Garfield, McKinley, 


THE CONSTITUTION AND AMENDMENTS 175 


and Harding. What constitutes disability has never 
been fully decided. Also see page 113. 

The President shall, at stated times, receive for his services a 
compensation which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he 
shall not receive within that period any other emolument from 
the United States, or any of them. 

The President’s salary is $75,000 a year, with 
$25,000 for travel, and $117,000 for White House 
upkeep and clerk hire. He pays income tax as other 
citizens. If the President’s salary is increased, the 
incumbent cannot benefit by the increase. 

Before he enter on the execution of his office he shall take the 
following oath or affirmation: 

“I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will, to the best 
of my ability, preserve, protect, and defend the Constitution of 
the United States.” 

The above oath is administered by the Chief Jus¬ 
tice of the Supreme Court at high noon on March 4 
following the election. Woodrow Wilson took the 
oath on Sunday, March 4, 1917. The word “affirm” 
is inserted because people of certain religious be¬ 
liefs will not take an oath. 

Section II. The President shall be Commander-in-Chief of the 
Army and Navy of the United States, and of the militia of the 
several States when called into the actual service of the United 
States; he may require the opinion, in writing, of the principal 
officer in each of the executive departments upon any subject 
relating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offenses against the 
United States except in cases of impeachment. 


Compen¬ 

sation. 


Oath 

of 

Office. 


Powers 

of 

President. 


176 


THE MARCH OF DEMOCRACY 


Treaties. 


In war time authority must be centralized. The 
President also commissions all army officers and 
directs the war in a general way. A reprieve sus¬ 
pends a sentence; a pardon remits a penalty. The 
term “heads of departments” refers to the ten de¬ 
partment heads or cabinet members selected by the 
President to counsel with him. See page 109. 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators 
present concur; and he shall nominate, and by and with the 
advice and consent of the Senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the Supreme Court, and 
all other officers of the United States whose appointments are not 
herein otherwise provided for, and which shall be established by 
law; but the Congress may by law vest the appointment of such 
inferior officers as they think proper in the President alone, in 
the courts of law, or in the heads of departments. 

“A treaty is the supreme law of the land,” and 
the conditions are such that a President can domi¬ 
nate. Washington tried unsuccessfully to counsel 
with the Senate; consequently the Senate later cre¬ 
ated a Committee on Foreign Relations as a medium 
to keep the President informed. Once a treaty is 
made it requires both branches of Congress to abro¬ 
gate it. The President appoints a few personal 
agents outside of those he nominates and commis¬ 
sions. President Harding appointed two Senators 
as delegates to the Washington Conference in which 
nine nations drafted treaties for the reduction of 
armaments and others respecting the promotion of 
peace. 


THE CONSTITUTION AND AMENDMENTS 177 


The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate by granting com¬ 
missions, which shall expire at the end of their next session. 


When a vacancy occurs while Congress is not in 
session, the President names an appointee tempo¬ 
rarily. If the Senate at its next session does not 
approve the appointment, it must terminate. 

Section III. He shall from time to time give to the Congress 
information of the State of the Union, and recommend to their 
consideration such measures as he shall judge necessary and 
expedient; he may, on extraordinary occasions, convene both 
Houses, or either of them, and in case of disagreement between 
them, with respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper; he shall receive am¬ 
bassadors and other public ministers; he shall take care that the 
laws be faithfully executed, and shall commission all the officers 
of the United States. 

President Wilson revived the Washington-Adams 
idea of appearing in person and reading his message 
before Congress. President Coolidge delivered the 
first message that was broadcast by radio. Frequent 
extra sessions have been called, but Congress has 
never been adjourned by the President. 

Section IV. The President, Vice President, and all civil officers 
of the United States shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes and 
misdemeanors. 

This section makes special provision for the trial 
and removal of any of the civil officers of the United 
States. 


Vacancies. 


Calling, 
Adjourn¬ 
ing, and 
Advising 
Congress. 


Removal 
of Civil 
Officers. 


178 


THE MARCH OF DEMOCRACY 


Judicial 

Depart¬ 

ment. 


To 

What 
Cases it 
Extends. 


Juris¬ 
diction 
of the 
Supreme 
Court. 


ARTICLE III 

Section I. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The 
judges, both of the Supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, receive 
for their services a compensation which shall not be diminished 
during their continuance in office. 

See page 117. 

Section II. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other public min¬ 
isters, and consuls; to all cases of admiralty and maritime juris¬ 
diction; to controversies to which the United States shall be a 
party; to controversies between two or more States; between a 
State and citizens of another State; between citizens of different 
States; between citizens of the same State, claiming lands under 
grants of different States, and between a State, or the citizens 
thereof, and foreign States, citizens, or subjects. 

The states must submit to the decisions of the 
United States courts in all cases where the Constitu¬ 
tion, federal laws, or treaties are involved. “Cases of 
admiralty and maritime jurisdiction” not only apply 
to the high seas “but navigable waters of the United 
States” as well. The word “citizens” in this section 
includes corporations, since a corporation is re¬ 
garded as a citizen of the state which charters it. 

In all cases affecting ambassadors, other public ministers, and 
consuls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases 
before-mentioned the Supreme Court shall have appellate juris¬ 
diction, both as to law and fact, with such exceptions and under 
such regulations as the Congress shall make. 


THE CONSTITUTION AND AMENDMENTS 179 


Note that Amendment VII further restricts the 
Supreme Court. 

The trial of all crimes, except in cases of impeachment, shall 
be by jury, and such trial shall be held in the State where the 
said crimes shall have been committed; but when not committed 
within any State the trial shall be at such place or places as the 
Congress may by law have directed. 

Compare with Amendment VI. 

Section III. Treason against the United States shall consist 
only in levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same 
overt act, or on confession in open court. 

This is the only crime defined in the Constitution. 
In the trial of Aaron Burr the evidence was “irrele¬ 
vant until there be proof of the overt act by two 
witnesses.” Hence he was permitted to escape 
punishment. 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood 
or forfeiture except during the life of the person attainted. 

Clause one grants the power to punish treason, 
but clause two protects the innocent children of 
the guilty against the once common practice of visit¬ 
ing on the children the penalties of those found 
guilty. The word “attainder” in this case means 
conviction. 


Rules 

Respect¬ 

ing 

Trials. 


Treason 

Defined. 


How 

Punished. 


Rights 

of 

States. 


Rights 

of 

Citizens. 


180 THE MARCH OF DEMOCRACY 

ARTICLE IV 

Section I. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 



Seal of the United States 

This section means that if a document is recorded, 
a marriage legally performed, a divorce legally 
granted, or a case is decided in one state, it should 
generally speaking be recognized in all. 

Section II. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 







THE CONSTITUTION AND AMENDMENTS 181 

Protects rights of citizens of each state in all 
states. 

A person charged in any State with treason, felony, or other Extra¬ 
crime, who shall flee from justice, and be found in another State, dition. 
shall, on demand of the Executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

This section provides for the return of accused 
persons who try to evade the law by fleeing to 
another state. This is called “extradition,” and the 
power of delivery is in the hands of the Governor 
in the state where the criminal seeks refuge. 

[No person held to service or labor in one State, under the Fugitive 
laws thereof, escaping into another, shall, in consequence of any Slaves. 
law or regulation therein, be discharged from such service or 
labor, but shall be delivered up on claim of the party to whom 
such service or labor may be due.'] 

Now obsolete. See Amendment XIII. 

Section III. New States may be admitted by the Congress New 
into this Union, but no new State shall be formed or erected states, 
within the jurisdiction of any other State, nor any State be 
formed by the junction of two or more States, or parts of States, 
without the consent of the Legislatures of the States concerned, 
as well as of the Congress. 

New states are admitted on a basis of equality 
with the consent of both the Federal Government 
and the citizens of an organized territory. States 
are guaranteed protection from without and assist¬ 
ance if necessary to settle troubles within. 


182 


THE MARCH OF DEMOCRACY 


Power 

of 

Congress 

Over 

Public 

Lands. 


Repub¬ 

lican 

Govern¬ 

ment 

Guaran¬ 

teed. 


Amend¬ 
ment 
of the 
Consti¬ 
tution. 


The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this 
Constitution shall be so construed as to prejudice any claims of 
the United States, or of any particular State. 

Congress has power to acquire territory, set up 
territorial governments, and lease lands or mines. 
Whether that power comes from this paragraph or 
is acquired in its capacity as a sovereign is not 
fully determined. 

Section IV. The United States shall guarantee to every State 
in this Union a republican form of government and shall protect 
each of them against invasion; and, on application of the Legis¬ 
lature, or of the Executive (when the Legislature cannot be con¬ 
vened), against domestic violence. 

By a declaration made by President Tyler con¬ 
cerning rebellion in Rhode Island in 1842, it was 
established that Congress could overthrow a sepa¬ 
rate republican government established within a 
state. Under the last clause the President is author¬ 
ized to employ military forces of the United States 
or militia of the states to discharge the duties of 
the United States. During the railway strike in 
1894, President Cleveland sent troops to Chicago 
against the protest of the Governor of Illinois. 

article v 

The Congress, whenever two-thirds of both Houses shall deem 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the Legislatures of two-thirds of the several 
States, shall call a convention for proposing amendments, which, 
in either case, shall be valid to all intents and purposes, as part 
of this Constitution, when ratified by the Legislatures of three- 



183 


The Machine Which Stamps the Great Seal of the United States 
















184 


THE MARCH OF DEMOCRACY 


Validity 

of 

Debts. 


Supreme 
Law 
of the 
Land. 


fourths of the several States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may be pro¬ 
posed by the Congress; provided [that no amendment which 
may he made prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses in the 
Ninth Section of the First Article; and] that no State, without 
its consent, shall be deprived of its equal suffrage in the Senate. 

Of the two methods only the first has ever been 
used; i.e., proposed by Congress and referred to the 
state legislatures. Neither the President nor the 
courts have any voice in the matter; in fact the 
fourteenth and fifteenth amendments were passed 
by Congress and submitted to the states without 
the President’s official knowledge and approval. 
The first exception expired in 1808. The second 
is the only part of the Constitution that cannot be 
amended without unanimous consent. 

ARTICLE VI 

[All debts contracted and engagements entered into before the 
adoption of this Constitution shall be as valid against the United 
States under this Constitution as under the Confederation .] 

Under Hamilton’s plan of refunding the debt our 
government took the honorable course of carrying 
out the promises made and obligations assumed 
under the Articles of Confederation. 

This Constitution and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land, and the judges in every State shall 
be bound thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding. 


THE CONSTITUTION AND AMENDMENTS 185 


This clause asserts that the authority of the Fed¬ 
eral Government is supreme over the states, and 
that state laws in conflict with National laws must 
give way. 

The Senators and Representatives before mentioned, and the 
members of the several State Legislatures, and all executive and 
judicial officers, both of the United States, and of the several 
States, shall be bound by oath or affirmation to support this Con¬ 
stitution; but no religious test shall ever be required as a quali¬ 
fication to any office or public trust under the United States. 

State officers are often required to discharge 
duties authorized by the national Constitution, and 
taking the oath also emphasizes their obligation to 
the national government. 

The “religious test” means that a person elected 
to office shall not be required to repudiate a recog¬ 
nized religion. The word “affirmation” was inserted 
for the special benefit of the Quakers. 

ARTICLE VII 

The Ratification of the Conventions of nine 
states , 1 shall be sufficient for the Establishment of 
this Constitution between the states so ratifying 
the same. 

1 Note that unlike the Articles of Confederation it required 
only nine states to ratify. 


Oath to 
Consti¬ 
tution. 


Ratifica¬ 
tion of the 
Constitu¬ 
tion. 


186 


THE MARCH OF DEMOCRACY 



Signatures of Members of the Convention. 







THE CONSTITUTION AND AMENDMENTS 187 


ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE 
CONSTITUTION OF THE UNITED STATES OF AMER¬ 
ICA, PROPOSED BY CONGRESS, AND RATIFIED BY 
THE LEGISLATURE OF THE SEVERAL STATES, PUR¬ 
SUANT TO THE FIFTH ARTICLE OF THE ORIGINAL 
CONSTITUTION. 

The first ten amendments were proposed by Con¬ 
gress at their first session, in 1789, and ratified by 
the states in 1791. This constitutes the “Bill of 
Rights” of the National Constitution. 

AMENDMENT I 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or of the press; or the right of the people 
peaceably to assemble, and to petition the Government for a 
redress of grievances. 

Freedom of belief and speech are a natural out¬ 
growth of the period of settlement. An established 
religion is one supported wholly or in part by public 
taxation. By refusing use of the mails the govern¬ 
ment can further control propaganda and all types 
of publications detrimental to public interests. 

AMENDMENT II 

A well-regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not 
be infringed. 

People can bear arms openly but not concealed 
unless authorized. 


Personal 

Freedom. 


Right 
to Bear 
Arms. 









188 


President and Mrs. Coolidge Witness the Enshrining of the Con¬ 
stitution and the Declaration of Independence 

















THE CONSTITUTION AND AMENDMENTS 189 

AMENDMENT III 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war but in a 
manner to be prescribed by law. 

One of the causes of the Revolutionary War. 

AMENDMENT IV 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue but upon prob¬ 
able cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to 
be seized. 

“A man’s home is his castle.” 

Without a warrant property cannot be searched 
nor may papers secured without a warrant be used 
in evidence against a person. 

AMENDMENT V 

No person shall be held to answer for a capital or other in¬ 
famous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or public danger; 
nor shall any person be subject for the same offense to be twice 
put in jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law; nor shall 
private property be taken for public use without just com¬ 
pensation. 


Quarter¬ 
ing of 
Soldiers. 


Right 

of 

Search. 


Protec¬ 
tion of 
Accused. 


The Grand Jury is a legally chosen group to 
secretly investigate the crime and decide whether 


190 


THE MARCH OF DEMOCRACY 


Rights 

of 

Accused 


Jury 
Trial in 
Lawsuits. 


there is sufficient evidence for a public trial before 
a petit jury. A person cannot be tried twice for 
the same crime nor be compelled to testify against 
himself. According to judicial practice a wife can¬ 
not be compelled to testify against her husband. 
The usual method of taking private property with 
just compensation for public use is termed “eminent 
domain.” 


AMENDMENT VI 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation; to be con¬ 
fronted with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defense. 

As stated this section reviews a criminal’s rights. 


AMENDMENT VII 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be pre¬ 
served, and no fact tried by a jury shall be otherwise re¬ 
examined in any court of the United States than according to the 
rules of the common law. 

This section restricts the power of the court in 
reviewing questions of fact upon appeal from cases 
tried by a jury. The Judge can order a new trial 
or review the law on a writ of error, but cannot sub¬ 
stitute his opinion for the facts in the case. 


THE CONSTITUTION AND AMENDMENTS 191 


AMENDMENT VIII 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

One of the theories of our government is that a 
person is innocent until he is proved guilty. Giving 
“bail” is a guarantee that the person will appear 
for trial as a Judge instructs, and releases the ac¬ 
cused from jail until the trial or hearing. If the 
charge is a serious one, bail may be refused. Cruel 
punishments are prohibited. 

AMENDMENT IX 

The enumeration in the Constitution of certain rights shall not 
be construed to deny or disparage others retained by the people. 

It is obvious that the intelligence of the people 
could be trusted to retain the fundamental unwrit¬ 
ten rights we enjoy without enumerating them. 

AMENDMENT X 

The powers not delegated to the United States by the Consti¬ 
tution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

This Amendment was designed to make state and 
local rights even more secure. 

AMENDMENT XI 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States, by citizens of another State, or 
by citizens or subjects of any foreign State. 


Bail 

and 

Punish¬ 

ment. 


Rights 

Enume¬ 

rated. 


Powers 

not 

Delegated. 


State 
Exemp¬ 
tion from 
Suit. 


New 

Method 

of 

Electing 
President 
and Vice 
President. 


192 THE MARCH OF DEMOCRACY 

This amendment limits the powers of the Federal 
Courts by preventing the government from being 
a party in lawsuits not only “by citizens of another 
state” but even by a citizen in his own state. 

In 1793, Chisholm, a citizen of South Carolina, 
sued in the Supreme Court to recover a debt from 
the state of Georgia. Georgia refused to appear and 
the case went against her. Several similar suits 
were pending and the people generally disliked the 
idea of states being involved in the courts. Congress 
by almost unanimous vote submitted the above 
Amendment which was ratified in 1798. 

Most states have therefore established a Court of 
Claims in which a claim against the state can be 
presented. When the claim is declared valid, it is 
customary for the state to make the necessary 
appropriation. If the state refuses to pay, it cannot 
be forced to do so. 


AMENDMENT XII 

The electors shall meet in their respective States, and vote by 
ballot for President and Vice President, one of whom at least 
shall not be an inhabitant of the same State with themselves; 
they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice President; and 
they shall make distinct lists of all persons voted for as Presi¬ 
dent, and of all persons voted for as Vice President, and of the 
number of votes for each, which lists they shall sign and certify, 
and transmit, sealed, to the seat of the Government of the United 
States directed to the President of the Senate; the President of 
the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall then 
be counted; the person having the greatest number of votes for 


THE CONSTITUTION AND AMENDMENTS 193 


President shall be the President, if such number be a majority of 
the whole number of electors appointed; and if no person have 
such majority, then from the persons having the highest numbers, 
not exceeding three, on the list of those voted for as President, 
the House of Representatives shall choose immediately, by ballot, 
the President. But in choosing the President, the votes shall be 
taken by States, the representation from each State having one 
vote; a quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and a majority of all the 
States shall be necessary to a choice. And if the House of Rep¬ 
resentatives shall not choose a President, whenever the right of 
choice shall devolve upon them, before the fourth day of March 
next following, then the Vice President shall act as President, as 
in the case of the death or other constitutional disability of the 
President. The person having the greatest number of votes as 
Vice President shall be the Vice President, if such number be a 
majority of the whole number of electors appointed, and if no 
person have a majority, then from the two highest numbers on 
the list the Senate shall choose the Vice President; a quorum for 
the purpose shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall be necessary 
to a choice. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice President of 
the United States. 

This article, declared in force December 25, 1804, 
supersedes part of Article II, Section 1, Clause 3. 
Before the adoption of this amendment the electors 
voted for two candidates for President. The candi¬ 
date receiving the most votes was made President 
and the one receiving the next highest number was 
made Vice President. Under this plan there could 
be a Republican President and a Democratic Vice 
President. The contest in 1800 between Jefferson 
and Burr when the members of the Electoral Col¬ 
lege voted by parties for the first time and the elec¬ 
tion was thrown into the House, resulted in the 


Abolition 

of 

Slavery. 


Enforce¬ 

ment 

Clause. 


Citizens 

and 

Their 

Rights. 


Apportion¬ 
ment of 
Represen¬ 
tatives. 


194 THE MARCH OF DEMOCRACY 

adoption of this amendment. President Adams was 
elected by the House in 1825 and Vice President 
Johnson by the Senate in 1837. In 1876 a dispute 
arose and the controversy was referred to an Elec¬ 
toral Commission. The disputed votes were not 
counted until two days after March 4, 1877. when 
the new President was to be inaugurated. Also see 
pages 106-108. 

* AMENDMENT XIII 

Neither slavery nor involuntary servitude, except as a punish¬ 
ment for crime whereof the party shall have been duly con¬ 
victed, shall exist within the United States, or any place subject 
to their jurisdiction. 

Congress shall have power to enforce this article by appropriate 
legislation. 

Adopted in 1865. Designed to give the negro 
freedom and thereby abolishing slavery. 

AMENDMENT XIV 

I. All persons bom or naturalized in the United States, and sub¬ 
ject to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside. No State shall make or 
enforce any law which shall abridge the privileges or immunities 
of citizens of the United States, nor shall any State deprive any 
person of life, liberty, or property without due process of law, 
nor deny to any person within its jurisdiction the equal protec¬ 
tion of the laws. 

II. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. 
But when the right to vote at any election for the choice of elec¬ 
tors for President and Vice President of the United States, Repre- 



THE CONSTITUTION AND AMENDMENTS 195 


sentatives in Congress, the executive and judicial officers of a 
State, or the members of the Legislature thereof, is denied to any 
of the male inhabitants of such State, being of twenty-one years 
of age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis of 
representation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

III. No person shall be a Senator or Representative in Con¬ 
gress, or elector of President and Vice President, or hold any office, 
civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, 
or as an officer of the United States, or as a member of any 
State Legislature, or as an executive or judicial officer of any 
State, to support the Constitution of the United States, shall have 
engaged in insurrection or rebellion against the same, or given 
aid and comfort to the enemies thereof. But Congress may, by 
a vote of two-thirds of each House, remove such disability. 

IV. The validity of the public debt of the United States, au¬ 
thorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion 
shall not be questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, [or any 
claim for the loss or emancipation of any slave ]; but all such 
debts, obligations, and claims shall be held illegal and void. 

V. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

Section I made the negro a citizen but applies to 
persons of foreign birth also. Sections II, III, and 
IV are for the most part historical. The qualifica¬ 
tions of voters have been left largely to the states. 
Some states compel certain educational require¬ 
ments for voters, but the power given Congress 
especially under Section II has never been exercised. 


Loss of 

Political 

Privilege. 


Public 

Debt. 


Enforce¬ 

ment 

Clause. 


196 


THE MARCH OF DEMOCRACY 


Negro 

Suffrage. 

Enforce¬ 

ment 

Clause. 


Income 

Tax. 


AMENDMENT XV 

The right of the citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State on 
account of race, color, or previous condition of servitude. 

The Congress shall have power to enforce the provisions of 
this article by appropriate legislation. 

This is the last of the group of amendments giving 
the negro equal rights. He was freed by the thir¬ 
teenth (1865), made a citizen by the fourteenth 
(1868), and in the fifteenth (1869) given the right 
to vote. Some states require literacy tests, or tests 
other than “race, color, or previous condition of 
servitude” as a qualification for voting. 

AMENDMENT XVI 

The Congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportionment 
among the several States and without regard to any census or 
enumeration. 

It is generally conceded that taxing incomes is 
the only way to reach real property values. In 
1895 the Supreme Court declared an Income Tax 
Law unconstitutional in accordance with Article I, 
Section 9 (4), because it was apportioned according 
to wealth rather than census. For that reason the 
last clause is specific. More recently the Supreme 
Court has ruled that an income tax is a tax on the 
use of property and therefore a type of excise tax. 
Income taxes must be uniform; i.e., the same on in¬ 
comes of the same size, but this does not prohibit 
higher rates on larger incomes. 


THE CONSTITUTION AND AMENDMENTS 197 


AMENDMENT XVII 

The Senate of the United States shall be composed of two 
Senators from each State, elected by the people thereof, for six 
years; and each Senator shall have one vote. The electors in 
each State shall have the qualifications requisite for electors of 
the most numerous branch of the State Legislatures. 

When vacancies happen in the representation of any State in 
the Senate, the executive authority of such State shall issue 
writs of election to fill such vacancies, provided that the Legisla¬ 
ture of any State may empower the Executive thereof to make 
temporary appointments until the people fill the vacancies by 
election as the Legislature may direct. 

[This amendment shall not he construed as to affect the 
election or term of any senator chosen before it becomes valid 
as part of the Constitution.'] 

This Amendment supersedes Article I, Section 3 
(1), covering the election of Senators by direct vote 
of the people. This was thought necessary in order 
to avoid the possibilities of fraud that might attend 
selection through state legislatures and to hold Sen¬ 
ators directly responsible to the people. 

AMENDMENT XVIII 

[After one year from the ratification of this article], the manu¬ 
facture, sale, or transportation of intoxicating liquors within, 
the importation thereof into, or the exportation thereof from the 
United States and all territory subject to the jurisdiction thereof 
for beverage purposes is hereby prohibited. 

The Congress and the several States shall have concurrent 
power to enforce this article by appropriate legislation. 


Popular 
Elec¬ 
tion of 
Senators. 


Filling 

Vacancies. 


Effect on 
Incum¬ 
bents. 


Prohibi¬ 

tion. 


Enforce¬ 

ment. 


Ratifica¬ 

tion 

Limi¬ 

tation. 


Woman 

Suffrage. 

Enforce¬ 

ment 

Clause. 


198 THE MARCH OF DEMOCRACY 

[This article shall be inoperative unless it shall have been rati¬ 
fied as an amendment to the Constitution by the Legislatures of 
the several States, as provided in the Constitution, within seven 
years from the date of the submission hereof to the States by the 
Congress .] 

Although the time limit was set as one year, the 
Food Production Act passed by Congress as a war 
measure forbade the manufacture and sale of in¬ 
toxicating liquors after July 1, 1919, so it became a 
law fully six months before the one year had elapsed. 
By a strict enforcement act ruled as constitutional 
one half of one per cent alcoholic content in any 
beverage classifies it as intoxicating. No doubt the 
enforcement of this amendment has injected a new 
note in the Constitution. Undoubtedly concurrent 
power as here used refers to joining forces of State 
and Federal Government in the enforcement, but 
just how far this can be carried out remains for the 
Supreme Court to decide. 

AMENDMENT XIX 

The right of citizens of the United States to vote shall not be 
denied or abridged by the United States', or by any State, on 
account of sex. ' 1 

Congress shall have power, by appropriate legislation, to en¬ 
force the provisions of this article. 

This amendment is popularly known as the 
“Woman Suffrage Amendment.” Only the question 
of sex is involved in it. This does not remove from 
the states the power to determine the qualifications 
of its voters, but forbids the states to make any 
distinction on account of sex. 


CHAPTER THIRTEEN 


FULL HONORS TO OUR FLAG 

Realizing the need for an authentic code of flag 
etiquette, representatives of sixty-eight patriotic 
organizations met in Washington, D.C., at the re¬ 
quest of the American Legion. The code drafted 
by that conference is printed here through courtesy 
of the American Legion Weekly. While the rules 
adopted by the conference have no official govern¬ 
ment sanction, nevertheless they represent the 
authoritative opinion of the principal patriotic 
bodies of the United States and of Army and Navy 
experts, and are binding on all of the organizations 
which took part in the gathering. They are being 
followed now by 113 patriotic organizations. The 
rules as given below are from the final corrected 
draft of the code as brought out of the conference. 

The Flag of the United States of America has 
thirteen horizontal stripes—seven red and six white, 
the red and white stripes alternating—and a union 
which consists of white stars of five points on a blue 
field placed in the upper quarter next the staff and 
extending to the lower edge of the fourth red stripe 
from the top. The number of stars is the same as 
199 


Descrip¬ 
tion of 
the Flag. 


200 


THE MARCH OF DEMOCRACY 


Code 
of the 
Flag. 


the number of states in the Union. The canton or 
union now contains forty-eight stars arranged in 
six horizontal and eight vertical rows, each star with 
one point upward. On the admission of a state 
into the Union a star will be added to the union of 
the Flag, and such addition will take effect on the 
July fourth next succeeding such admission. 

The proportions of the Flag as prescribed by Ex¬ 
ecutive Order of President Taft, October 29, 1912, 
are as follows: 


Hoist (width) of flag ... 1. 

Fly (length) of flag. 1.9 

Hoist (width) of union. 7/13 

Fly (length) of union. 0.76 

Width of each stripe. 1/13 

Diameter of each star.0616 


There are certain fundamental rules of heraldry 
which, if understood generally, would indicate the 
proper method of displaying the flag. The matter 
becomes a very simple one if it is kept in mind that 
the National Flag represents the living country and 
is itself considered as a living thing. The union 
of the flag is the honor point; the right arm is the 
sword arm, and therefore the point of danger and 
hence the place of honor. 

1. The Flag should be displayed only from sun¬ 
rise to sunset, or between such hours as may be 
designated by proper authority. It should be 
hoisted briskly but should be lowered slowly and 








OUR FLAG 


201 


ceremoniously. The Flag should be displayed on 
all national and state holidays and on historic and 
special occasions, 

2. When carried in a procession with another flag 
or flags, the Flag of the United States of America 
should be either on the marching right— i.e., the 
Flag’s own right—or, when there is a line of other 
flags, the Flag of the United States of America may 
be in front of the center of that line. 

3. When displayed with another flag against a 
wall from crossed staffs, the Flag of the United 
States of America should be on the right—the Flag’s 
own right—and its staff should be in front of the 
staff of the other flag. 

4. When a number of flags of states or cities or 
pennants of societies are grouped and displayed 
from staffs with the Flag of the United States of 
America, the latter should be at the center or at 
the highest point of the group. 

5. When flags of states or cities or pennants of 
societies are flown on the same halyard with the 
Flag of the United States of America, the latter 
should always be at the peak. When flown from 
adjacent staffs the Flag of the United States of 
America should be hoisted first and lowered last. 
No such flag or pennant, flown in the former po¬ 
sition, should be placed above, or, in the latter 
position, to the right of the Flag of the United 
States of America ; i.e., to the observer’s left. 

6. When flags of two or more nations are dis¬ 
played, they should be flown from separate staffs 


202 THE MARCH OF DEMOCRACY 

of the same height and the flags should be of ap¬ 
proximately equal size. International usage forbids 
the display of the flag of one nation above that of 
another nation in time of peace. 

7. When the Flag is displayed from a staff pro¬ 
jecting horizontally or at an angle from the window 
sill, balcony, or front of building, the union of the 
Flag should go clear to the peak of the staff unless 
the Flag is at half staff. When the Flag is sus¬ 
pended over a sidewalk from a rope, extending from 
a house to a pole at the edge of the sidewalk, the 
Flag should be hoisted out from the building toward 
the pole, union first. 

8. When the Flag is displayed in a manner other 
than by being flown from a staff it should be dis¬ 
played flat, whether indoors or out. When dis¬ 
played either horizontally or vertically against a 
wall, the union should be uppermost and to the 
Flag’s own right; i.e., to the observer’s left. When 
displayed in a window it should be displayed the 
same way—with the union or blue field to the left 
of the observer in the street. When festoons, ro¬ 
settes, or drapings are desired, bunting of blue, 
white, and red should be used, but never the Flag. 

9. When displayed over the middle of the street, 
the Flag should be suspended vertically with the 
union to the north in an east and west street, or 
to the east in a north and south* street. 

10. When used on a speaker’s platform, the Flag, 
if displayed flat, should be displayed above and 
behind the speaker. If flown from a staff, it should 


OUR FLAG 


203 

be in the position of honor, at the speaker’s right. 
It should never be used to cover the speaker’s desk 
or to drape over the front of the platform. 

11. When used in connection with the unveiling 
of a statue or monument, the Flag should form a 
distinctive feature during the ceremony, but the 
Flag itself should never be used as the covering for 
the statue. 

12. When flown at half-staff, the Flag should be 
hoisted to the peak for an instant and then lowered 
to the half-staff position; but before lowering the 
Flag for the day it should be raised again to the 
peak. By half-staff is meant hauling down the flag 
to one half the distance between the top and the 
bottom of the staff. If local conditions require, 
divergence from this position is permissible. On 
Memorial Day, May 30, the Flag is displayed at 
half-staff from sunrise until noon and at full staff 
from noon until sunset, for the nation lives, and 
the Flag is the symbol of the living nation. 

13. Flags flown from fixed staffs are placed at 
half-staff to indicate mourning. When the Flag is 
displayed on a small staff, as when carried in a 
parade, mourning is indicated by attaching two 
streamers of black crepe to the spearhead, allowing 
the streamers to fall naturally. Crepe is used on 
the flagstaff only by order of the President. 

14. When used to cover a casket, the Flag should 
be placed so that the union is at the head and over 
the left shoulder. The Flag should not be lowered 


204 THE MARCH OF DEMOCRACY 

into the grave or allowed to touch the ground. The 
casket should be carried foot first. 

15. When the Flag is displayed in the body of the 
church it should be from a staff placed in the po¬ 
sition of honor—at the congregation’s right as they 
face the clergyman. The service flag, the state flag, 
or other flag should be at the left of. the congrega¬ 
tion. If in the chancel or on the platform, the Flag 
of the United States of America should be placed at 
the clergyman’s right as he faces the congregation, 
and the other flags at his left. 

16. When the Flag is in such a condition that it 
is no longer a fitting emblem for display, it should 
not be cast aside or used in any way that might be 
viewed as disrespectful to the national colors, but 
should be destroyed as a whole, privately, prefer¬ 
ably by burning or by some other method in har¬ 
mony with the reverence and respect we owe to the 
emblem representing our country. 

CAUTIONS 

1. Do not permit disrespect to be shown to the 
Flag of the United States of America. 

2. Do not dip the Flag of the United States of 
America to any person or any thing. The regimen¬ 
tal colors, state flag, organization or institutional 
flag will render this honor. 

3. Do not display the Flag with the union down 
except as a signal of distress. 

4. Do not place any other flag or pennant above 


OUR FLAG 205 

or, if on the same level, to the right of the Flag of 
the United States of America, 

5. Do not let the Flag touch the ground or the 
floor or trail in the water. 

6. Do not place any object or emblem of any kind 
on or above the Flag of the United States of 
America. 

7. Do not use the Flag as drapery in any form 
whatsoever. Use bunting of blue, white, and red. 

8. Do not fasten the Flag in such manner as will 
permit it to be easily torn. 

9. Do not drape the Flag over the hood, top, sides 
or back of a vehicle, or of a railway train or boat. 
When the Flag is displayed on a motor car, the staff 
should be affixed firmly to the chassis, or clamped 
to the radiator cap. 

10. Do not display the Flag on a float in a parade 
except from the staff. 

11. Do not use the Flag as a covering for a 
ceiling. 

12. Do not carry the Flag flat or horizontally, but 
always aloft and free. 

13. Do not use the Flag as a portion of a costume 
or of an athletic uniform. Do not embroider it on 
cushions or handkerchiefs, or print it on paper nap¬ 
kins or boxes, 

14. Do not put lettering of any kind on the Flag. 

15. Do not use the Flag in any form of advertis¬ 
ing or fasten an advertising sign to a pole from 
which the Flag is flown. 

16. Do not display, use, or store the Flag in such 


206 


THE MARCH OF DEMOCRACY 


Salute 
to the 
Flag. 


Pledge 
to the 
Flag. 


a manner as will permit it to be easily soiled or 
damaged. 


PROPER USE OF BUNTING 

Bunting of blue, white, and red should be used for 
covering a speaker’s desk, draping over the front of 
a platform and for decoration in general. Bunting 
should be arranged with the blue above, the white 
in the middle, and the red below. 

During the ceremony of hoisting or lowering the 
Flag or when the Flag is passing in a parade or in a 
review, all persons present should face the Flag, 
stand at attention, and salute. Those present in 
uniform should render the right hand salute. When 
not in uniform, men should remove the headdress 
with the right hand and hold it at the left shoulder, 
the hand being over the heart. Women should 
salute by placing the right hand over the heart. 
The salute to the Flag in a moving column is ren¬ 
dered at the moment the Flag passes. 

In pledging allegiance to the Flag of the United 
States of America, the approved practice in schools, 
which is suitable also for civilian adults, is as fol¬ 
lows: 

Standing with the right hand over the heart, all 
repeat together the following pledge: 

“I pledge allegiance to the Flag of the United 
States of America and to the Republic for which it 


OUR FLAG 207 

stands; one nation indivisible, with liberty and jus¬ 
tice for all.” 

At the words “to the Flag” the right hand is 
extended, palm upward, toward the Flag, and this 
position is held until the end, when the hand, after 
the words “justice for all,” drops to the side. 

However, civilian adults will always show full 
respect to the Flag when the pledge is being given 
by merely standing at attention, men removing the 
headdress. Persons in uniform should render the 
right hand salute. 

When the national anthem is played and the Flag 
is not displayed, all present should stand and face 
toward the music. Those in uniform should salute 
at the first note of the anthem, retaining this po¬ 
sition until the last note. All others should stand 
at attention, men removing the headdress. When 
the Flag is displayed, the regular “salute to the 
Flag” should be given. 

“The Star Spangled Banner” is recommended for 
universal recognition as the national anthem. 

The shield of the United States of America has 
thirteen vertical stripes—seven white and six red— 
with a blue chief without stars. 

There is but one Federal statute which protects 
the Flag throughout the country from desecration. 
This law provides that a trademark cannot be reg¬ 
istered which consists of or comprises, among other 


Salute to 
National 
Anthem. 


The 

Shield. 


Federal 

Flag 

Laws. 


208 THE MARCH OF DEMOCRACY 

things, “the Flag, coat of arms, or other insignia of 
the United States or any simulation thereof' (33 
Stat. L., p. 725, February 20, 1905). Congress has 
also enacted legislation providing certain penalties 
for the desecration, mutilation, or improper use of 
the Flag in the District of Columbia (39 Stat. L., 
p. 900, February 8, 1917). 


INDEX 


Accused person, rights of, 189, 
190 

Adams, John, 60 
Adams, John Quincy, 108 
Adams, Samuel, 56 
Admission, to citizenship, 139 
of new states, 181 
Adjournment of Congress, 159, 
177 

Agriculture, Secretary of, 112 
department of, 131 
Air Mail service, 165 
Albany Convention, 41, 42 
Alien and Sedition Act, 129 
Ambassadors, 176 
Amendments to Constitution, 
by interpretation, 121 
how proposed, 121 
methods of adding, 120, 182 
nineteen summarized, 121 
{See Constitution and amend¬ 
ments by number), 187- 
198 

Ancestry, colonists, 27 
Annapolis Convention, 70 
Apportionment of representa¬ 
tives, 194 

compromise on, 84, 154 
Appropriations, 171 
Arms, right to bear, 187 
Army, 166 

Articles of Confederation, 62 
defects of, 63 
Attainder, 170 
Attorney General, 111 

Bail, 191 

Bank of United States, 129, 162 
Bankruptcy, 163 
Beecher, Henry Ward, 117 
Bill in Congress, 99, 161 


Bill of Rights, 52, 121 
Borrowing power, 162 
Budget system, 171 
Bunting, proper use of, 206 
Burr, Aaron, 179 

Cabinet: 

appointment of, 133 
authority for, 134 
composition of, 109 
customs of, 134 
duties outlined, 109-112 
order of succession in, 113 
relation of, to president, 109 
Calhoun, John C., 92 
Capital, national, 168 
Capitol, 3 
Census, 155 

Charter governments, 35, 36, 38 
Charter of Liberties, 47, 49, 51 
Charles I., 51 
Charles II., 52 
Chase, Samuel, 74 
Chisholm vs. Georgia, 118, 192 
Circuit Courts of Appeals, 119 
Citizenship: 
acquisition of, 138 
definition of, 137 
dual character of, 137 
habits of, 23 
in the home, 6 
obligations of, 1, 3 
of women, 139 
rights of, 180 
validity of, 140 
Clay, Henry, 92 
Coinage system, 164 
Colonies: 

character of settlers, 29 
commercial relations in, 27 
government in, 28, 35 


209 


210 


INDEX 


Colonies :—continued 
motives, 29 
remonstrances of, 149 
Commander-in-chief, 175 
Commerce clause, 163 
Commerce regulation, 85, 163 
Commerce, Secretary of, 112 
Committee on Foreign rela¬ 
tions, 176 

Committees of correspondence, 
56 

Committee system, 105 
Compromise in Constitutional 
Convention, 82 
Congregations, 30 
Congress: 

adjournment of, 159 
compensation of members in, 
160 

customs of, 134 
first American, 41 
journal of proceedings in, 
159 

organization of, 97, 158 
other offices prohibited, 160 
powers of: 

forbidden, 98, 162, 169 
in Constitution, 153 
summarized, 97 
where vested, 162 
procedure in, 159 
quorum of, 159 
time of meeting, 158 
Congressional Record, 159 
Connecticut Compromise, 84 
Constitution: 

amendments of, 186-198 
elasticity of, 131 
first written, 38 
outlined in brief, 89 
periods of growth, 24 
unwritten, 125-135 
Constitutional Convention, 71- 
88 

Conwell, Russel H., 8 
Copyright laws, 165 
Counterfeiting, 164 
Court of claims, 119, 192 
Court of Customs Appeals, 120 
Crusades, 48 


Custom: 

development by, 133 
in government, 134-5 
Customs duties, 162, 170 

Debt, public, 184 
Declaration of Independence, 
59 

main features of, 61 
real declaration, 151 
signatures, 152 
text of, 146-151 
Declaration of intention, 138 
Declaration of Rights, 54, 57 
Democracy defined, 30, 171 
Departments of government, 89 
Diamonds, acres of, 8 
Direct taxes, 170 
District of Columbia, 168 
District courts, 119 
Doctrine of public policy, 132 
Douglas, Stephen A., 92 
Draft law, 166 
Duties (taxes), 162 

Education, place in govern¬ 
ment, 22 
Edward I., 51 

Eighteenth amendment, 197 
Elastic clause, 125, 169 
Elections: 

Congressional, 158 
(See President) 

Electoral College, 107, 173 
Electors, 106, 154, 172, 174 
Eminent domain, 190 
England, government in, 34 
England’s interference, 28 
Excises, 162 

Executive department, 90, 106, 
172 

(See President) 

Exports, 170 

Ex post facto laws, 170 

Extradition, 181 

Federal reserve, 162 
Federalist, 86, 131 
Felony, 166 
Feudalism, 45 



INDEX 211 


Financial legislation, 130 
First Continental Congress, 57 
5-5-3 agreement, 167 
Flag: 

cautions, 204-206 
code, 200-204 
description of, 199 
pledge to, 206 
respect for, 17, 19 
salute to, 206 
Food productions act, 198 
Franklin, Benjamin, 42, 60, 75 
plan of union, 42 
Freedom of speech and press, 
187 

Freemen, 30, 31 
French and Indian War, 43 
Fugitive slaves, 181 
Fundamental orders, 38, 39 

Gallatin, Albert, 128 
General court, 31 
Government, colonial forms, 35 
reasons for establishing, 146 
similarities, 37 
Grand council, 42 
Grand jury, 189 
Great seal, 180 

Habeas Corpus, 52, 53, 169 
Hafed, Ali, 8, 9 
Hamilton, Alexander, 70, 72, 
129, 131, 162, 184 
Hancock, John, 57, 59 
Hartford Convention, 38 
Health, conservation of, 4, 5 
Henry I., 47 
Henry III., 50 
Highway act, 165 
House of Burgesses, 33 
House of Commons, 34 
House of Lords, 34, 51 
House of Representatives, 90 
apportionment of members, 
194 

composition of, 101, 154 
election of President in, 105 
exclusive powers of, 105 
number in, 103 
officers of, 104, 155 


House of Representatives— 
continued 

qualifications of members, 
101, 154 

revenue bills, 160 
vacancies, 155 

Impeachment and trials, 106, 
157 

Implied powers, supreme court, 
129 

* Imposts, 162 

Income taxes, 118, 170, 196 
Inferior courts, 119, 165 
Insurgent movement, 159 
Interpretation, basic principles 
of, supreme court, 127 
restricting power of, 131 
Interior, Secretary of, 112 
Interstate Commerce law, 128 
Inventions, 165 

Jackson, William, 72 
James II., 36 

Jefferson, Thomas, 60, 108 
John, Great Charter, 37, 48 
Johnson, President, impeached, 
157 

Judicial department, 90, 178 
function of, 117, 178 
jurisdiction of, 117, 178 
limited influence of, 132, 179 
(See Supreme Court) 

Jury service a duty, 15 
Jury, trial by, 53, 190 

Koszta case, 140 

Labor, Secretary of, 112 
Land claims, 27 
Langton, Stephen, 49 
Laws: 

enforcement of, 11, 12 
process of enacting, 99, 160. 
161 

respect for, 9, 10 
Lee, Henry, 59 
Legislative department, 89 
Legislative powers, 153 
Legislature, colonial, 34 
Liberty loans, 162 


212 


INDEX 


“Life, liberty or property,” 189 
Lincoln, Abraham, 92 
Livingston, Robert R., 60 
London Company, 30 
Louisiana purchase case, 128 

Macaulay, 8 
Madison, James, 72, 92 
Magna Charta, 37, 48, 49 
Marque and reprisal, letters of, 
166 

Marshall, John, 90, 91, 125 
Mason, George, 74 
Massachusetts Bay, purpose of 
settlement, 26 

Massachusetts, government in, 
29 

Mayflower Compact, 144 
Measures standardized, 164 
Messages, presidential, 177 
Military powers, 166 
Militia, 168 

Money, coinage of, 164 
Morris, Robert, 74, 83 

National: 
anthem, 207 
banks,'129, 162 
courts, 117-120 
defense act, 167 
party conventions, 134 
Naturalization, 138, 163 
of women, 139 
validity of, 140 
Navy, 167 
Secretary of, 111 
Necessary and proper clause, 
129 

Negro, a citizen and voter, 196 
(See Slaves) 

New England confederacy, 39 
New Jersey plan, 82 
Normans, 45, 46 
Northwest Territory, 92 

Oath: 

Constitutional, of public offi¬ 
cials, 185, 195 
of allegiance, 136 
presidential, 108, 175 


Occupations, colonial, 31 
Opinions: 
public, 133 

supreme court, 126-130 
Ordinance of 1787, 92 
Original jurisdiction, 117 

Paper money, 164 

Pardon, 176 

Parliament, 34, 50, 51 

Patents, 165 

Penn, plan of union, 41 

Pershing, General, 167 

Petition of naturalization, 138 

Petition of Right, 51 

Piracies, 165 

Pocket veto, 161 

Politics, 13, 14 

Poll tax, 170 

Pollock vs. Farmers' Loan, 118 
Post offices, 165 
Postmaster General, 111 
Powers not delegated, 191 
Preamble, 89, 146, 153 
President: 

appointment of, 176 
compensation of, 175 
customs regarding, 133 
duties of, 108 

election of, by College, 106, 
172, 174 

election of, by House, 105, 
194 

executive, powers of, 108 
impeachment of, 106 
judicial powers of, 175 
legislative powers of, 108 
method of election, 192-194 
military powers of, 175 
oath of office of, 175 
power over legislation, 170 
powers of, 175 
relation of, to cabinet, 109 
succession, 113, 174 
term and qualifications of, 
106, 172, 174 

treaty-making power of, 176 
Privilege, loss of, 195 
Privileges of Congressmen, 160 
Prohibition, 197 


INDEX 213 


Prohibitions upon States, 98, 
163, 171 

Proprietary government, 36, 37, 
38 

Provincial congress of Massa¬ 
chusetts, 57 
Public debt, 195 
Public lands,. 182 
Public policy, 132 
Public service, habit of, 15 
Punishment, unusual, forbid¬ 
den, 191 

Quartering of troops, 53, 189 
Quorum, congressional, 159 

Railroad Labor Board, 128, 163 
Randolph, Peyton, 57 
Ratification, 85 
vote by states, 88, 185 
Recess appointments, 177 
Regulating Act, 57 
Religious liberty, 187 
Religious test, 185 
Remonstrances of the colonies, 
150 

Representation in colonies, 34 
Representation in Congress: 
compromise on, 84 
ratio, in house, 103, 154 
ratio, in senate, 99, 155, 197 
Representative government de¬ 
fined, 31 
Reprieve, 176 
Republic, 36 

Republican government guar¬ 
anteed, 182 
Revenue bills, 160 
Riders, 161 

Right of Petition, 53 
Rights, civil: 

accused persons, 189, 190 
assembly and petition, 187 
in criminal cases, 191 
in home, 189 
of citizens, 194 
others permitted, 191 
political, 196, 198 
religious, 187 
speech and press, 187 


Rights of English colonies, 45 
Rights of men, 146 
Rights, six great, 52 
Roosevelt, Theodore, 13 
Royal government, 37 
Runnymede, 49 
Rural free delivery, 165 

Schenectady Massacre, 40 
Search, right of, 189 
Second Continental Congress, 
58 

Senate, 90 
classification of, 156 
filling vacancies in, 197 
impeachment, 157 
membership in, 99, 155 
officers of, 99, 156 
popular election of, 197 
powers of, 100 

qualifications of members of, 
100, 156 
term of, 156 

Settlements, motive of, 26, 29 
scattered, 26 

Sessions, congressional, 97 
Shays’s rebellion, 66 
Sherman act, 163 
Sherman, Roger, 60, 72 
Shield, 207 

Signatures, Declaration of In¬ 
dependence, 152 
Simon de Montfort, 50 
Slaves, abolished, 194 
importation of prohibited, 
85 

Speaker, of the house, 104, 155 
Stamp Act Congress, 53 
States: 

admission of new, 181 
exemption from suit, 191 
limited by supreme court, 130 
militia of, 168 

prohibitions on, 98, 163, 171 
rights under, 180 
State, Secretary of, 109, 141 
Succession, presidential, 113 
Suffrage, 154, 158 
negro, 196 
woman, 198 


214 


INDEX 


Supreme Court: 
cases in, 127 
established, 117 
implied powers of, 129 
inferior courts of, 118 
jurisdiction of, 117 
limiting states, 130 
organization of, 119 
precedents of, 127-130 
procedure in, 118 
restraining powers of, 131 
(See Unwritten constitution) 
Supreme law of the land, 98, 
163, 171, 184 

Taxation, 162, 163 
Territorial and district courts, 
120 

Territories, 180 
Term: 

in house, 101 
judicial, 117 
presidential, 106 
senatorial, 99 

Three-fifths compromise, 84, 
155 

Titles of nobility, 171 
Town, defined, 30 
Township, defined, 30 
Trade marks, 165 
Transportation act, 163, 165 
Treason, 179 
Treasury, 171 
Secretary of, 111 
Treaties, 176 
Trials, jury, 179 

Union, causes favoring, in colo¬ 
nies, 127 

Unjust acts of the king, 147 


Unwritten constitution: 

by court interpretation, 126 
examples of development, 

127-130 

how developed, 125 

Vacancies, 177 
Veto, 161, 162 
Vice President: 
duties of, 108, 156 
election of, by senate, 108 
impeachment of, 106 
qualifications of, 109 
Virginia plan, 81 
Virginia, purpose of settlement, 
26 

typical colony, 29, 31, 32, 33 
Vocational outlook, 7, 8, 9 
Volunteer army, 166 
Voters, 154, 158 
Voting obligations, 15 
Voting per cents, 13, 14 

War, power to declare, 166 
Secretary of, 111 
Washington arms conference, 
167, 176 

Washington, D. C., capital, 159, 
168 

Washington, George, 59, 72, 77 
president, 87, 130 
Webster, Daniel, 16, 17, 92 
Weights and measures, 164 
William I., conqueror, 45, 46, 47 
William II., 47 

William and Mary, bill of 
rights, 52 
Wilson, James, 74 
Wilson, Woodrow, quoted, 134 
Woman suffrage, 198 


































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